Legal Opinion

Mohlen v. United States

United States Court of Federal Claims

Decided November 7, 2006No. 05-1179LPublishedCited by 7 opinions

1Opinion of the Court

OPINION

HORN, Judge.

FINDINGS OF FACT

For the purposes of this motion to dismiss filed by the defendant, the facts in the complaint are taken as true. However, in this case, the material facts are not in dispute. Defendant United States owns the Oakland Inner Harbor Tidal Canal (the Canal) in Alameda County, California. Plaintiffs Rita Mohlen and Richard Skrinde, a married couple, owned residential property adjacent to the Canal at 3017 Marina Drive, Alameda, CA 94501. Plaintiffs sold their interest in the property in September, 2005. Plaintiffs’ former pier, boathouse, boat hoist and floating…

2Cases cited64 opinions

  1. United States v. TestanSupreme Court of the United States · 1976
  2. Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
  3. Ruckelshaus v. Monsanto Co.Supreme Court of the United States · 1984
  4. Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.Supreme Court of the United States · 1993
  5. Armstrong v. United StatesSupreme Court of the United States · 1960

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3Cited by7 opinions

  1. Edelmann v. United StatesUnited States Court of Federal Claims · 2007
  2. Kafka v. Montana Department of Fish, Wildlife & ParksMontana Supreme Court · 2008
  3. Malpeli v. StateMontana Supreme Court · 2012
  4. State ex rel. AWMS Water Solutions, L.L.C. v. MertzOhio Court of Appeals · 2022
  5. Hamlin v. DOTMontana Supreme Court · 2022

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