Innovair Aviation, Ltd. v. United States

OPINION and ORDER

SMITH, Senior Judge.

Defendant filed a Motion to for Reconsideration in light of the Federal Circuit’s recent decision in AmeriSource Corp. v. United, States, 525 F.3d 1149 (2008). Defendant urges the Court to reconsider its earlier Opinion finding that the Government’s actions amounted to a taking.

According to Defendant, under AmeriSource, when the Government seizes property pursuant to its police power, there is no taking under the Fifth Amendment, as the property is not taken for “public use.” U.S. Constit. Amend. IV. In addition, Defendant argues that under AmeriSource,…