United States Federal Circuit

The US Court of Federal Claim's finding that the taking of real property under the Takings Clause of the Constitution was reversed where the trial court 1) failed to address whether the increased storm drainage constituted a taking of a flowage easement by inverse condemnation, and 2) rejected as a basis of damages the cost of the flood control structures built by plaintiff to protect its land.

Appellate Information

• Decided 10/10/2003
• Published 10/10/2003

Judges

• MICHEL, Circuit Judge., Before MICHEL, CLEVENGER, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• William C. Porth,Robinson & McElwee, PLLC, of Charleston, WV, argued for plaintiff-appellant.   With him on the brief were Kent J. George and Matthew S. Casto., Robert A. Klimek, Jr., Klimek, Kolodney & Casale, P.C., of Washington, DC, filed an amicus brief for the West Virginia Land and Mineral Owners Council.


• For Appellees:
  
• Mark R. Haag, Attorney, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Thomas L. Sansonetti, Assistant Attorney General;  Stuart B. Schoenburg, and Katherine J. Barton, Attorneys.   Of counsel on the brief was William B. Neel, Attorney, Office of the General Counsel, United States Postal Service, of Washington, DC.