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Cooley v. United States

ELR Citation: 33 ELR 20161
Nos. No. 01-5071, (Fed. Cir., 04/01/2003) Aff'd in part & rev'd in part

The court affirms a lower court decision holding a landowners' takings claim against the U.S. Army Corps of Engineers (the Corps) ripe, but reverses the lower court's decision that the taking was permanent. The Corps' denial of the landowners' fill permit application was a final decision rendering the landowners' taking claim ripe. The record, however, fails to show whether the Corps' later issuance of a provisional permit rendered the taking temporary. Further, whether the provisional permit issued by the Corps transformed the landowners' claim into a temporary taking directly affects the compensation assessment. The court, therefore, vacates the lower court's finding of a permanent categorical taking and remands the case for further analysis.

[A prior decision in this litigation is published at 30 ELR 20543.]

Counsel for Plaintiffs
Jerry Stouck
Spriggs & Hollingsworth
1350 I St. NW, Ste. 900, Washington DC 20005
(202) 898-5800

Counsel for Defendant
Susan V. Cook
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000