Tabb Lakes, Inc. v. United States

OPINION

NETTESHEIM, Judge.

This case is before the court after argument on plaintiff’s motion for partial summary judgment on liability and defendant’s cross-motion for summary judgment. The principal issue for decision is whether plaintiff is entitled to just compensation for a temporary taking under the fifth amendment based on the issuance of a Cease and Desist Order by the U.S. Army Corps of Engineers requiring that plaintiff suspend further construction activities until receipt of a permit from the Corps, where a court overruled the Corps’ underlying jurisdictional determination.

FACTS

The…