Legal Opinion

Resource Investments, Inc. v. United States

United States Court of Federal Claims

Decided January 23, 2009No. 98-419 LPublishedCited by 56 opinions

1Opinion of the Court

OPINION AND ORDER

BLOCK, Judge.

Before this court are cross-motions for summary judgment pursuant to Rule 56 of the Rules of the Court of Federal Claims (“RCFC”). The underlying claim is predicated on the Takings Clause of the Fifth Amendment.1 In essence, plaintiffs are alleging a “temporary taking”2 of its solid waste disposal site due to a wrongful assertion of jurisdiction by the United States Army Corps of Engineers (“Corps”). Am. Compl. H 55. The issues, both factual and legal, are complex, and, as such, some initial background is in order.

At first blush, it might not seem that a…

2Cases cited119 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Montana v. United StatesSupreme Court of the United States · 1979
  4. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  5. United States v. CottonSupreme Court of the United States · 2002

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3Cited by56 opinions

  1. Lengen v. United StatesUnited States Court of Federal Claims · 2011
  2. Petro-Hunt, L.L.C. v. United StatesCourt of Appeals for the Federal Circuit · 2017
  3. Consolidated Edison Co. of New York, Inc. v. United StatesUnited States Court of Federal Claims · 2010
  4. Beres v. United StatesUnited States Court of Federal Claims · 2012
  5. Love Terminal Partners v. United StatesUnited States Court of Federal Claims · 2011

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