Legal Opinion

Berry v. United States

United States Court of Federal Claims

Decided May 18, 2022No. 21-1017Published

1Opinion of the Court

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________________________________ ) HOLLY BERRY, ) ) Plaintiff, ) No. 21-1017L ) v. ) Filed: May 18, 2022 ) THE UNITED STATES, ) ) Defendant. ) ______________________________________ ) OPINION AND ORDER Plaintiff Holly Berry, a landowner in Oklahoma, brings this Fifth Amendment takings claim related to a gaming facility built by the Cherokee Nation (“Nation”) on land held in trust by Defendant. This trust land is located next to Plaintiff’s property, and, according to Plaintiff, its development caused repeated flooding, erosion, and…

2Cases cited34 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Tellabs, Inc. v. Makor Issues & Rights, Ltd.Supreme Court of the United States · 2007
  4. United States v. MitchellSupreme Court of the United States · 1983
  5. United States v. General Motors Corp.Supreme Court of the United States · 1945

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