Legal Opinion

Whispell Foreign Cars, Inc. v. United States

United States Court of Federal Claims

Decided August 29, 2011No. 09-315LPublishedCited by 20 opinions

1Opinion of the Court

ORDER AND OPINION

HEWITT, Chief Judge.

I. Introduction

This is a rails-to-trails case brought by Whispell Foreign Cars, Inc., et al. (plaintiffs). Plaintiffs claim that the government effected a taking of their property when it converted a railroad right of way to a trail pursuant to the National Trails System Act Amendments of 1983 (the Trails Act Amendments), Pub.L. No. 98-11, 97 Stat. 42, to the National Trails System Act (Trails Act), Pub.L. No. 90-543, 82 Stat. 919 (1968) (codified as amended at 16 U.S.C. § 1241 (2006)). Pis.’ Mem. of Law in Supp. of Mot. for Partial Summ. J. (plaintiffs’…

Also in this document: Dissent.

2Cases cited55 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  3. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  4. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  5. United States v. TestanSupreme Court of the United States · 1976

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3Cited by20 opinions

  1. Thompson v. United StatesUnited States Court of Federal Claims · 2011
  2. Stephen J. Rogers v. United StatesSupreme Court of Florida · 2015
  3. Beres v. United StatesUnited States Court of Federal Claims · 2012
  4. Rogers v. United StatesUnited States Court of Federal Claims · 2012
  5. Whispell Foreign Cars, Inc. v. United StatesUnited States Court of Federal Claims · 2012

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