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LOST TREE VILLAGE CORP. v. U.S.

No. 2012-5008.

707 F.3d 1286 (2013)

LOST TREE VILLAGE CORPORATION, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 10, 2013.

Attorney(s) appearing for the Case

Jerry Stouck, Greenberg Traurig LLP, of Washington, DC, argued for plaintiff-appellant.

Matthew Littleton, Attorney, Appellate Section, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief was Ignacia S. Moreno, Assistant Attorney General.

Paul J. Beard, II, Pacific Legal Foundation, of Sacramento, California, for amicus curiae Pacific Legal Foundation.

Mary V. Dicrescenzo, National Association of Home Builders, of Washington, DC, for amicus curiae National Association of Home Builders.

Before RADER, Chief Judge, NEWMAN and REYNA, Circuit Judges.

RADER, Chief Judge.

The United States Court of Federal Claims determined that the Army Corps of Engineers did not effect a regulatory taking compensable under the Fifth Amendment when it denied Lost Tree Village Corporation's application for a permit to fill wetlands on its 4.99 acre plat (Plat 57). In reaching this conclusion, the Court of Federal Claims found Lost Tree's parcel as a whole includes Plat 57, a neighboring upland plat (Plat 55), and scattered wetlands...

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