Lost Tree Village Corporation v. United States

REYNA, Circuit Judge.

On remand from Lost Tree Village Corp. v. United States (“Lost Tree I ”), 707 F.3d 1286 (Fed.Cir.2013), the Court of Federal Claims held that the government’s denial of Lost Tree Village Corporation’s application for a permit to fill wetlands on a 4.99 acre plat (“Plat 57”) constituted a per se regulatory taking under Lucas v. South Carolina Coastal, 505 U.S. 1003, 112 S.Ct. 2886, 120 L.Ed.2d 798 (1992), and, alternatively, a regulatory taking under Penn Central Transportation Co. v. New York City, 438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978). We affirm that a Lucas…