Cooley v. United States

OPINION

SMITH, Chief Judge.

This case is before the court on plaintiffs’ claim for just compensation under the Fifth Amendment for the regulatory taking of real property. Plaintiffs’ claim is based upon the denial of an application for a wetlands fill permit under § 404 of the Clean Water Act, 33 U.S.C. § 1344 (1993)(CWA)1 For the reasons stated below, the court finds for the plaintiffs.

FACTS

Plaintiffs, Helen L. Cooley, William O. Cooley, and the 7C Company, purchased a thirty-three acre parcel of land located at the Northwest intersection of Highway 10 and Hanson Boulevard in Coon Rapids,…