Legal Opinion
Bassett, New Mexico LLC v. United States
United States Court of Federal Claims
Decided December 27, 2002No. 98-568LPublishedCited by 13 opinions
1Opinion of the Court
OPINION
SMITH, Senior Judge.
This matter is before the Court on Plaintiffs claim for just compensation under the Fifth Amendment for the physical taking of real property, and Defendant’s pending Motion to Dismiss for failure to state a claim upon which relief may be granted under Rules of the Court of Federal Claims (“RCFC”) 12(b)(6) and lack of jurisdiction over the subject matter under RCFC 12(b)(1). The taking arises from the federal government’s deposit of large quantities of hazardous waste into Plaintiffs quarry (the “removal action”) pursuant to action under the Comprehensive…
2Cases cited38 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- United States v. Mead Corp.Supreme Court of the United States · 2001
- Christensen v. Harris CountySupreme Court of the United States · 2000
- Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
- United States v. MillerSupreme Court of the United States · 1943
33 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Esgar Corp. v. CommissionerCourt of Appeals for the Tenth Circuit · 2014
- Brace v. United StatesUnited States Court of Federal Claims · 2006
- Bailey v. United StatesUnited States Court of Federal Claims · 2007
- Ag-Innovations, Inc. v. United StatesUnited States Court of Federal Claims · 2008
- Mildenberger v. United StatesUnited States Court of Federal Claims · 2010
8 more not listed; retrieve them via the Exa API.