The court holds that the proper method of determining just compensation for the state's temporary regulatory taking of 39 apartments requires not only the sale value of the property, but also interest on the sale value. In 1985, the owner of the 39 apartments planned to convert the apartments to con...

The court holds that two individuals lacked standing to challenge the U.S. Army Corps of Engineers' (the Corps') issuance of a permit to a developer for the construction of a sewer line from a housing development to a county pumping station. The individuals previously challenged the Corps' issuance ...

The court dismisses a landowner's takings claims against the U.S. Army Corps of Engineers (the Corps) and Minnesota state agencies for rejecting his proposed wetland replacement plan and ordering him to remove an access road on the property and to restore the wetlands on his lots. The landowner buil...

The court holds that an individual lacks standing to bring a Fifth Amendment takings claim against the government on behalf of a corporation because he failed to maintain his shareholder status throughout the litigation. The individual was the sole shareholder and vice president of a corporation tha...

The court reverses and remands a district court injunction prohibiting the implementation of a U.S. Forest Service rule that restricts road building in national forests. Landowners, corporations, Native American tribes, and recreational groups challenged the Forest Service's implementation of the Ro...

The court holds that New Jersey's discovery rule does not toll a property owner's environmental contamination claims against the seller and, therefore, the claims are barred by the six-year statute of limitations. The owner purchased the property in 1983, and after conducting an environmental invest...

The court affirms a district court decision that a city's trash collection ordinance did not violate the Equal Protection Clause of the U.S. Constitution. The ordinance stated that the city would provide trash removal services to all residential property owners except those whose property required m...

The court holds that Texas' doctrine of sovereign immunity does not render the city of Dallas immune from a suit by the heirs of a landowner who bequested land to the city for use as a park. Under the bequest to the city, if the land was not used as a public park or if the park name was changed, the...

The court affirms a district court's dismissal of individuals' substantive due process claims challenging the constitutionality of the Montana Stream Access Law. This law allows the use of all surface waters that are capable of recreational use without regard to ownership of the land underlying the ...

The court holds that the Double Jeopardy Clause does not bar an individual's federal criminal prosecution for violating the Clean Air Act (CAA) asbestos-removal regulations even though he was previously assessed a civil penalty for the same conduct by a county health district. The individual entered...