Legal Opinion

Front Royal & Warren County Industrial Park Corp. v. Town of Front Royal

District Court, W.D. Virginia

Decided April 11, 1996No. Civil A. 87-00019-HPublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM OPINION

MICHAEL, District Judge.

This matter comes before the court upon the plaintiffs motion to reinstate a pri- or judgment of this court and to update the previous award of damages and attorneys’ fees. In the prior judgment, this court held that the defendants had effected a so-called “regulatory taking” 1 without providing just compensation in violation of the Takings Clause of the Fifth Amendment to the Constitution of the United States 2 where the defendants had conceitedly denied and failed to furnish sewer service to property owned by the plaintiff notwithstanding the…

2Cases cited83 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Anderson v. CreightonSupreme Court of the United States · 1987
  4. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  5. Monroe v. PapeSupreme Court of the United States · 1961

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3Cited by10 opinions

  1. In Re Barbara H. Allen, Better Government Bureau, Incorporated, an Ohio Corporation v. Darrell v. McGraw Jr., Attorney General, State of West Virginia, Personally and in His Official Capacity Better Government Bureau Office of the Attorney General State of West Virginia, a Body Politic, a Corporate Instrumentality of Government With Limited Agency and Quasi-Sovereign Capacity Ken Hechler, Secretary of State, in His Official Capacity v. Donna Willis, Party in Interest. Better Government Bureau, Incorporated, an Ohio Corporation v. Darrell v. McGraw Jr., Attorney General, State of West Virginia, Personally and in His Official Capacity, Better Government Bureau Office of the Attorney General State of West Virginia, a Body Politic, a Corporate Instrumentality of Government With Limited Agency and Quasi-Sovereign Capacity Ken Hechler, Secretary of State, in His Official Capacity v. Barbara H. Allen Donna Willis, Parties in Interest. Better Government Bureau, Incorporated, an Ohio Corporation v. Darrell v. McGraw Jr., Attorney General, State of West Virginia, Personally and in His Official Capacity, Better Government Bureau Office of the Attorney General State of West Virginia, a Body Politic, a Corporate Instrumentality of Government With Limited Agency and Quasi-Sovereign Capacity Ken Hechler, Secretary of State, in His Official Capacity v. Barbara H. Allen Donna Willis, Parties in InterestCourt of Appeals for the Fourth Circuit · 1997
  2. East Cape May Associates v. StateNew Jersey Superior Court Appellate Division · 1997
  3. Stuart Circle Parish v. Board of Zoning AppealsDistrict Court, E.D. Virginia · 1996
  4. Smith Investment Co. v. Sandy CityCourt of Appeals of Utah · 1998
  5. Better Government Bureau, Inc. v. McGrawCourt of Appeals for the Fourth Circuit · 1997

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