Legal Opinion

Formanek v. United States

United States Court of Claims

Decided May 14, 1992No. 764-86LPublishedCited by 22 opinions

1Opinion of the Court

OPINION AND ORDER

ROBINSON, Judge:

In this Fifth Amendment taking case, plaintiffs seek damages arising from defendant’s denial of a Clean Water Act permit to discharge fill on plaintiffs’ land. Plaintiffs also seek interest, attorney fees and costs. Trial was held May 14-24, 1991, in St. Paul, Minnesota. Oral and documentary evidence were admitted at the trial, and *333post-trial briefs were filed. Upon full consideration of the entire trial record, the court concludes that plaintiffs prevail in this action. For the reasons stated herein, the court finds that a taking has occurred and that…

2Cases cited18 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  3. Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
  4. Agins v. City of TiburonSupreme Court of the United States · 1980
  5. Keystone Bituminous Coal Assn. v. DeBenedictisSupreme Court of the United States · 1987

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

3Cited by22 opinions

  1. Del Monte Dunes at Monterey, Ltd. v. City of Monterey, Del Monte Dunes at Monterey, Ltd., and Monterey-Del Monte Dunes Corporation v. City of MontereyCourt of Appeals for the Ninth Circuit · 1996
  2. Resource Investments, Inc. v. United StatesUnited States Court of Federal Claims · 2009
  3. Bowles v. United StatesUnited States Court of Federal Claims · 1994
  4. Brace v. United StatesUnited States Court of Federal Claims · 2006
  5. NRG Co. v. United StatesUnited States Court of Federal Claims · 1994

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

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