Legal Opinion

Lengen v. United States

United States Court of Federal Claims

Decided September 28, 2011No. 10-29 LPublishedCited by 93 opinions

1Opinion of the Court

OPINION

BUSH, Judge.

This takings case is currently before the court on defendant’s motion for judgment on the pleadings based on lack of subject matter jurisdiction, pursuant to Rules 12(b)(1) and 12(e) of the Rules of the United States Court of Federal Claims (RCFC). For the reasons set forth herein, defendant’s motion for judgment on the pleadings is granted.

BACKGROUND

In this case, plaintiffs allege that defendant took an avigation easement over their property without just compensation in violation of the Takings Clause of the Fifth Amendment. More specifically, they argue that frequent…

2Cases cited59 opinions

  1. Haines v. KernerSupreme Court of the United States · 1972
  2. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  3. Scheuer v. RhodesSupreme Court of the United States · 1974
  4. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  5. Karen S. Reynolds v. Army and Air Force Exchange ServiceCourt of Appeals for the Federal Circuit · 1988

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

3Cited by93 opinions

  1. Alston-Bullock v. United StatesUnited States Court of Federal Claims · 2015
  2. Austin v. United StatesUnited States Court of Federal Claims · 2014
  3. Ross v. United StatesUnited States Court of Federal Claims · 2015
  4. Big Oak Farms, Inc. v. United StatesUnited States Court of Federal Claims · 2012
  5. Kemp v. United StatesUnited States Court of Federal Claims · 2015

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

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