Dufau v. United States

OPINION

LYDON, Senior Judge:

This fifth amendment regulatory taking case is before the court on defendant’s motion to dismiss plaintiffs’ complaint, or alternatively, for summary judgment, and plaintiffs’ opposition thereto. Plaintiffs allege their land has been taken as a result of unreasonable government actions in processing plaintiffs’ permit applications to fill wetlands for development and sale. Defendant asserts that, since plaintiffs received the permits they requested, which allowed them to develop their land, no taking has transpired. After careful consideration of the parties’…