Legal Opinion
Marsha Seiber and Alvin Seiber v. United States
Court of Appeals for the Federal Circuit
Decided April 19, 2004No. 03-5010PublishedCited by 43 opinions
1Opinion of the Court
DYK, Circuit Judge.
This is a Fifth Amendment temporary takings case involving the Fish and Wildlife Service’s (“FWS”) denial of a federal incidental take permit (“ITP”) to authorize logging on a forty-acre tract of land in Oregon belonging to the appellants Marsha and Alvin Seiber (the “Seibers”). The Court of Federal Claims granted summary judgment for the government, holding that the takings claim was not ripe and that, in any event, the permit denial did not constitute a taking under the Fifth Amendment. Seiber v. United States, 58 Fed.Cl. 570 (2002). We hold that the Seibers’ claim was…
2Cases cited39 opinions
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3Cited by43 opinions
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