Brace v. United States

ORDER

MOODY R. TIDWELL, III, Senior Judge.

This takings case is before the court on defendant’s second motion for summary judgment. For the reasons explained below, defendant’s motion is denied.

BACKGROUND

Plaintiff, a property owner, filed a complaint alleging that the government effectively took his property without just compensation when plaintiff was ordered to cease maintenance and operation of a drainage system on his property and to restore portions of property to a prior condition which would exhibit wetland characteristics. Plaintiff contends that the government action has interfered…