Americopters, LLC v. United States

OPINION

BRUGGINK, Judge.

Plaintiff seeks compensation under the Fifth Amendment of the United States Constitution for the alleged taking of its business due to the actions of the Federal Aviation Administration (“FAA”). Currently before the court are defendant’s motion for summary judgment and plaintiffs cross-motion for partial summary judgment on liability, both pursuant to Rule 56 of the Rules of the United States Court of Federal Claims (“RCFC”). These motions present the question of whether a Fifth Amendment taking occurs when the action allegedly causing the taking is within the agency’s…