Heir v. Delaware River Port Authority

AMENDED OPINION

IRENAS, District Judge.

Presently before the Court are Defendant Delaware River Port Authority’s Motion for Summary Judgment and Plaintiffs Avtar Heir and H & G Petroleum Corp.’s Motion for Partial Summary Judgment. The dispute between the parties arises out of the Delaware River Port Authority’s exercise of the power of eminent domain to take possession of a parcel of land on which Plaintiffs operated a franchised service station. Specifically, Plaintiffs claim an entitlement, under the Takings Clause of the Fifth Amendment to the United States Constitution, to “just…