Legal Opinion
Florida Rock Industries, Inc., Appellee/cross-Appellant v. The United States, Appellant/cross-Appellee
Court of Appeals for the Federal Circuit
Decided May 14, 1986No. Appeal 85-2588, 85-2609PublishedCited by 205 opinions
1Opinion of the Court
NICHOLS, Senior Circuit Judge.
This appeal from the Claims Court, 8 Cl.Ct. 160, confronts us with important and novel issues as to the application of the fifth amendment and, consequently, the Tucker Act, 28 U.S.C. § 1491, to measures by the Secretary of the Army, through the Army engineers under authority of the Clean Water Act, 33 U.S.C. § 1251(a)(1) and ff, to protect Florida wetlands against disturbance by the owner’s limestone mining. At times, as by the holding below here, what were intended as mere regulations are converted by force of law into involuntary purchases called “takings.” We…
2Cases cited30 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
- Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
- Mugler v. KansasSupreme Court of the United States · 1887
- Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.Supreme Court of the United States · 1981
25 more not listed; retrieve them via the Exa API.
3Cited by205 opinions
- Roland A. Leblanc v. United StatesCourt of Appeals for the Federal Circuit · 1995
- Annie Lou Crocker v. United StatesCourt of Appeals for the Federal Circuit · 1997
- Florida Rock Industries, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1994
- Catellus Development Corp. v. United StatesUnited States Court of Federal Claims · 1994
- Maritrans Inc., Maritrans General Partner Inc., Maritrans Operating Partners L.P., and Maritrans Capital Corporation v. United StatesCourt of Appeals for the Federal Circuit · 2003
200 more not listed; retrieve them via the Exa API.