United States v. Commodore Park, Inc.

SOPER, Circuit Judge.

Commodore Park, Incorporated, the owner of real estate in the City of Norfolk, Virginia, brought this suit under the Tucker Act, 28 U.S.C.A. § 41(20), to recover compensation for land and riparian rights alleged to have been taken by the United States in the enlargement of the Hampton Roads Naval Operating Base, especially its aviation facilities, and in the improvement of the navigability of the adjacent waters of Willoughby Bay. The defense was that the acts complained of were performed by the United States in the exercise of its control over commerce and navigation and…