Legal Opinion

Banks v. United States

Court of Appeals for the Federal Circuit

Decided January 28, 2014No. 2012-5067PublishedCited by 144 opinions

1Opinion of the Court

WALLACH, Circuit Judge.

These consolidated individual actions were brought by thirty-seven lakefront property owners seeking just compensation under the Fifth Amendment of the United States Constitution for a partial physical taking of their respective properties by the United States Army Corps of Engineers (“Corps”). The United States Court of Federal Claims dismissed the actions as time-barred. Because the Court of Federal Claims violated this court’s mandate in Banks v. United States (Banks II), 314 F.3d 1304, 1310 (Fed.Cir.2003), and clearly erred in finding that Appellants knew or should…

2Cases cited33 opinions

  1. United States v. SherwoodSupreme Court of the United States · 1941
  2. United States v. MitchellSupreme Court of the United States · 1983
  3. Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
  4. Catlin v. United StatesSupreme Court of the United States · 1945
  5. Karen S. Reynolds v. Army and Air Force Exchange ServiceCourt of Appeals for the Federal Circuit · 1988

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3Cited by144 opinions

  1. Fidelity & Guaranty Insurance Underwriters, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2015
  2. Diamond v. United StatesCourt of Appeals for the Federal Circuit · 2015
  3. Haggart v. United StatesCourt of Appeals for the Federal Circuit · 2016
  4. Canpro Investments, Ltd v. United StatesUnited States Court of Federal Claims · 2017
  5. Arcelormittal France v. Ak Steel CorporationCourt of Appeals for the Federal Circuit · 2015

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