Legal Opinion

Applegate v. United States

United States Court of Federal Claims

Decided April 26, 1996No. 92-832LPublishedCited by 27 opinions

1Opinion of the Court

OPINION

MILLER, Judge.

This ease is before the court on plaintiffs’ motion for summary judgment as to liability; plaintiffs’ motion for partial summary judgment based on the Assignment of Claims Act, 31 U.S.C. § 3727 (1994); and defendant’s motion for summary judgment. Plaintiffs seek compensation for an alleged taking in violation of the Fifth Amendment through erosion due to construction of a federal harbor project. By their motions plaintiffs contend: 1) that erosion of their properties above the mean high-water mark, beyond the limits of the Federal Government’s navigational servitude,…

2Cases cited60 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  4. First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
  5. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978

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3Cited by27 opinions

  1. Jimenez v. City of ChicagoCourt of Appeals for the Seventh Circuit · 2013
  2. Murkeldove v. AstrueCourt of Appeals for the Fifth Circuit · 2011
  3. Resource Investments, Inc. v. United StatesUnited States Court of Federal Claims · 2009
  4. Brace v. United StatesUnited States Court of Federal Claims · 2006
  5. Porretto v. City of GalvestonCourt of Appeals for the Fifth Circuit · 2024

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