United States Federal Circuit

In a Takings Clause action claiming that the U.S. deprived Plaintiff of the beneficial use of its property, summary judgment for Defendant is reversed where Plaintiff identified a cognizable property interest, namely fee title to land that could not be developed without regulatory compliance.

Appellate Information

• Decided 06/16/2009
• Published 06/16/2009

Judges

• GAJARSA, Circuit Judge., Before NEWMAN, SCHALL, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• William Lee Guice III, Rushing & Guice, P.L.L.C., of Biloxi, MS, argued for plaintiff-appellant.   Of counsel was Lauren Sonnier, of Ocean Springs, MS.


• For Appellees:
  
• Robert J. Lundman, Attorney, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief was Ronald J. Tenpas, Assistant Attorney General.