Cca Associates v. United States

I agree with the majority’s decision to reverse the Claims Court judgment finding a regulatory taking and with the majority’s affirmance of the Claims Court’s dismissal of the contract claim. I write separately because I disagree with the majority’s reasoning in significant respects. In particular, I disagree with the majority’s incorrect and wholly unnecessary dictum approving aspects of the Claims Court’s takings analysis. In my view, the majority’s decision refusing to consider offsetting benefits is directly contrary to our precedent, and its treatment of the character of the government…