In a Takings Clause action claiming that the U.S. deprived Plaintiff of the beneficial use of its property, summary judgment for Defendant is reversed where Plaintiff identified a cognizable property interest, namely fee title to land that could not be developed without regulatory compliance.
Appeal from the United States Court of Federal Claims in case no. 06-CV-00087, Judge Marian Blank Horn.
Decided June 16, 2009
Before NEWMAN, SCHALL, and GAJARSA, Circuit Judges.
Opinion by GAJARSA, Circuit Judge.
Robert J. Lundman, Attorney, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief was Ronald J. Tenpas, Assistant Attorney General.