Legal Opinion

B & G Enterprises, Ltd. v. United States

United States Court of Federal Claims

Decided May 4, 1999No. 98-598 CPublishedCited by 9 opinions

1Opinion of the Court

OPINION AND ORDER

HODGES, Judge.

This case is before the court on cross motions for partial summary judgment.1 Plaintiff claims that a California law effectively banning the use of cigarette vending machines in all but certain specified locations is attributable to the Federal Government, and that this constitutes a Fifth Amendment taking. Defendant contends that the Substance Abuse Prevention and Treatment Block Grant Program does not create a taking merely because the Government conditioned receipt of the grant on the states’ meeting certain minimum criteria approved by the Secretary of…

2Cases cited9 opinions

  1. Steward MacHine Co. v. DavisSupreme Court of the United States · 1937
  2. Griggs v. Allegheny CountySupreme Court of the United States · 1962
  3. Henry Hendler, Paul Garrett, Tillie Goldring, as Trustees, and Henry Hendler and Irving Gronsky v. The United StatesCourt of Appeals for the Federal Circuit · 1991
  4. Preseault v. United StatesCourt of Appeals for the Federal Circuit · 1996
  5. D. R. Smalley & Sons, Inc. v. The United StatesUnited States Court of Claims · 1967

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. B & G Enterprises, Ltd. v. United StatesCourt of Appeals for the Federal Circuit · 2000
  2. Nicholson v. United StatesUnited States Court of Federal Claims · 2007
  3. A-1 Cigarette Vending, Inc. v. United StatesUnited States Court of Federal Claims · 2001
  4. A-1 Amusement Co. v. United StatesUnited States Court of Federal Claims · 2000
  5. B & G Enterprises, Ltd. v. United StatesUnited States Court of Federal Claims · 2001

4 more not listed; retrieve them via the Exa API.

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