Legal Opinion

Florida Rock Industries, Inc. v. United States

United States Court of Claims

Decided July 23, 1990No. 266-82LPublishedCited by 26 opinions

1Opinion of the Court

OPINION

SMITH, Chief Judge.

This regulatory taking claim is before the court on remand from the United States Court of Appeals for the Federal Circuit, which affirmed in part and vacated in part the opinion of the first trial court.1 After considering evidence presented at the original trial and additional evidence presented after remand, the court finds that the Army Corps of Engineers’ denial of a permit to fill plaintiff’s property resulted in a taking, and accordingly awards just compensation as mandated by the fifth amendment.

FACTS

The facts underlying this case have been succinctly set…

2Cases cited26 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  3. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  4. Mugler v. KansasSupreme Court of the United States · 1887
  5. First English Evangelical Lutheran Church v. County of Los AngelesSupreme Court of the United States · 1987

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3Cited by26 opinions

  1. Florida Rock Industries, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1994
  2. Hage v. United StatesUnited States Court of Federal Claims · 1996
  3. Ciampitti v. United StatesUnited States Court of Claims · 1991
  4. Perry v. United StatesUnited States Court of Federal Claims · 1993
  5. Bowles v. United StatesUnited States Court of Federal Claims · 1994

21 more not listed; retrieve them via the Exa API.

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