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Resource Investments, Inc. v. United States

ELR Citation: 45 ELR 20090
Nos. 2014-5069, (Fed. Cir., 05/12/2015)

The Federal Circuit upheld a lower court decision dismissing on jurisdictional grounds a landowner's Fifth Amendment takings claim against the government in connection with a CWA permit denial. The lower court held that the complaint was barred by 28 U.S.C. §1500, which prohibits the U.S. Court of Federal Claims from exercising jurisdiction over a claim if the plaintiff has the same claim pending in another court. In 1998, the landowner filed suit in the district court challenging the permit denial under the APA. The Ninth Circuit ultimately ruled in the landowner's favor. But while the Ninth Circuit appeal was pending, the landowner filed the instant takings case in the Claims Court. Because the earlier-filed district court action and the Claims Court action were based on substantially the same operative facts, the Claims Court correctly dismissed the landowner's takings claim as barred by §1500.