Legal Opinion
West Chelsea Buildings, LLC, and West 13th Street LLC, and Tenth Avenue Associates, Lp v. the United States 11-333l, 11-374l &
United States Court of Federal Claims
Decided February 14, 2013No. 13THPublishedCited by 7 opinions
1Opinion of the Court
Firestone, JUDGE.
“Rails-to-Trails” case; New York law; third-party beneficiary; covenant not to sue agreement; scope of takings claim under the Trails Act; voluntary waiver of Fifth Amendment claims; Nollan/Dolan takings analysis and voluntary agreement
OPINION
Pending before the court is the government’s motion for summary judgment seeking to dismiss some of plaintiffs’ claims in these consolidated cases arising from the creation of the “High Line” recreational trail in New York City, New York (“City”). On June 13, 2005, the Surface Transportation Board (“STB”) issued a Certificate of Interim…
2Cases cited41 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
- Dolan v. City of TigardSupreme Court of the United States · 1994
- Sri International v. Matsushita Electric Corporation of America and Matsushita Electric Industrial Co., Ltd.Court of Appeals for the Federal Circuit · 1985
36 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- McClurg Family Farm, LLC v. United StatesUnited States Court of Federal Claims · 2014
- Romanoff Equities, Inc. v. United StatesUnited States Court of Federal Claims · 2014
- Colonial Chevrolet Co., Inc. v. United StatesUnited States Court of Federal Claims · 2017
- Colonial Chevrolet Co., Inc. v. United StatesUnited States Court of Federal Claims · 2018
- Doe 3 v. IndykeDistrict Court, S.D. New York · 2024
2 more not listed; retrieve them via the Exa API.