Trinco Investment Company v. United States

Takings; Necessity Defense for Fire-Fighting Actions On or Near National Forest; Reliability of Expert Opinion; Genuine Disputes of Material Fact Preclude Summary Judgment.

OPINION AND ORDER

BUSH, Senior Judge.

This takings case is before the court on cross-motions for summary judgment filed under Rule 56 of the Rules of the United States Court of Federal Claims (RCFC). The summary judgment motions have been fully briefed; oral argument was held, at plaintiffs’ request, on February 14, 2017. For the reasons stated below, the parties’ motions, which attempt to resolve the question of the…