American Pelagic Fishing Co. v. United States

OPINION

BRUGGINK, Judge.

This is an action founded upon the Takings Clause of the Fifth Amendment to the United States Constitution. Plaintiff asserts that the enactment of legislation resulted in a temporary taking of plaintiffs fishing vessel. Pending are plaintiffs and defendant’s cross-motions for summary judgment. Oral argument was held on November 21, 2000. After oral argument, the court requested supplemental briefing. For the reasons set forth below, plaintiffs motion is granted, and defendant’s motion is denied.

*38FACTUAL BACKGROUND1

Plaintiff American Pelagic Fishing Company, L.P.,…