Permanent physical takings
Cooley v. United States
The court holds that the U.S. Army Corps of Engineers' denial of landowners' Clean Water Act §404 permit application effected a permanent taking of their property in violation of the Fifth Amendment. The court first holds that the...
Bassett v. United States
The court grants a limestone quarry owner's motion to amend its takings complaint against the United States in order to reflect additional damages incurred as a result of the taking. The United States, which deposited hazardous waste at...
Forest Properties, Inc. v. United States
The court holds that the federal governments' denial of a developer's application for a Federal Water Pollution Control Act (FWPCA) §404 permit to dredge and fill certain underwater lakebottom property did not constitute a regulatory...
Bormann v. Board of Supervisors in & for Kossuth County, Iowa
The court holds unconstitutional a state statute that provides immunity from nuisance suits to farms in designated agricultural areas. A county's approval of an application for an agricultural area gave the applicants immunity from...
Southview Assocs., Ltd. v. Bongartz
The court holds that a residential land developer's regulatory taking and due process claims are not ripe in the developer's appeal of the Vermont Environmental Board's (Board's) denial of the developer's application to build a...