Legal Opinion

Whitney Benefits, Inc. v. United States

United States Court of Claims

Decided October 13, 1989No. 499-83LPublishedCited by 36 opinions

1Opinion of the Court

OPINION

SMITH, Chief Judge.

This inverse condemnation action was brought by Whitney Benefits, Inc. (Whitney), a Wyoming non-profit, charitable organization and Peter Kiewit Sons’ Co. (PKS), a mining corporation organized under the laws of Nebraska. They contend that their property interests in a coal estate in Sheridan County, Wyoming (Whitney coal) were taken by the defendant, and they claim that Whitney’s fair market value is $300 million. Defendant contends that no taking occurred because plaintiffs are unable to prove that it would have been economically feasible to mine Whitney coal,…

2Cases cited35 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Mugler v. KansasSupreme Court of the United States · 1887
  3. Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.Supreme Court of the United States · 1981
  4. Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
  5. Agins v. City of TiburonSupreme Court of the United States · 1980

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3Cited by36 opinions

  1. Whitney Benefits, Inc. And Peter Kiewit Sons' Co. v. The United StatesCourt of Appeals for the Federal Circuit · 1991
  2. Maniere v. United StatesUnited States Court of Federal Claims · 1994
  3. Hage v. United StatesUnited States Court of Federal Claims · 1996
  4. Chevy Chase Land Co. of Montgomery County v. United StatesUnited States Court of Federal Claims · 1997
  5. Florida Rock Industries, Inc. v. United StatesUnited States Court of Federal Claims · 1999

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