Bay-Houston Towing Co. v. United States

OPINION

BRUGGINK, Judge.

This is an action for a permanent and/or temporary taking pursuant to the Fifth Amendment. Plaintiff Bay-Houston Towing Company and third party plaintiff J.A. Hartman Corporation own peat bogs in Michigan. They assert that their property was taken without compensation during the process to obtain a permit for mining peat. Pending are plaintiffs’ and defendant’s cross-motions for summary judgment as well as defendant’s motion to dismiss. Oral argument was held June 5, 2003, after which the court requested supplemental briefing. For the reasons set forth below,…