Legal Opinion
1902 Atlantic Ltd. v. United States
United States Court of Claims
Decided June 19, 1992No. 637-87LPublishedCited by 14 opinions
1Opinion of the Court
OPINION
ROBINSON, Judge.
In this Fifth Amendment temporary taking case, plaintiff seeks damages allegedly arising from defendant’s denial of a Section 404 permit under the Clean Water Act to discharge dredged or fill material on plaintiff’s land. Trial was held in June, 1991. Oral and documentary evidence were admitted at the trial, and post-trial briefs were filed. After careful consideration of the entire record, the court finds that defendant's actions do not constitute a temporary taking. The reasons for this decision are set forth below.
Factual Background
On April 7, 1981, plaintiff, 1902…
2Cases cited18 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
- First English Evangelical Lutheran Church v. County of Los AngelesSupreme Court of the United States · 1987
- Agins v. City of TiburonSupreme Court of the United States · 1980
- Keystone Bituminous Coal Assn. v. DeBenedictisSupreme Court of the United States · 1987
13 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Resource Investments, Inc. v. United StatesUnited States Court of Federal Claims · 2009
- Landgate, Inc. v. California Coastal CommissionCalifornia Supreme Court · 1998
- Brace v. United StatesUnited States Court of Federal Claims · 2006
- East Cape May Associates v. StateNew Jersey Superior Court Appellate Division · 1997
- Walcek v. United StatesUnited States Court of Federal Claims · 2001
9 more not listed; retrieve them via the Exa API.