Today, the Federal Circuit released a nonprecedential opinion in a takings case. Late Thursday and this morning, the court also released five nonprecedential orders: four dismissing appeals and one erratum. Here is the introduction to the opinion and links to the dismissals and the erratum.
Board of Supervisors of Issaquena County, Mississippi v. United States (Nonprecedential)
The Board of Supervisors of Issaquena County, Mississippi (the “Board”) sued the United States in the Court of Federal Claims (“Claims Court”), alleging that actions or inactions by the United States led to flooding in 2018 and 2019 that damaged the Board’s property and destroyed private property and reduced economic activity, thereby depriving the county of tax revenue. The Board sought compensation for the damage under the Takings Clause of the Fifth Amendment of the U.S. Constitution. The Claims Court granted the government’s motion to dismiss, holding that the Board’s complaint failed to state a takings claim. Although we hold that the Board’s complaint failed to state a claim, we will exercise our discretion to permit the Board to seek leave from the Claims Court to amend its complaint. We therefore affirm in part and vacate and remand in part.
Dismissals
- LTI Flexible Products, Inc. v. The Regents of the University of California
- AutoStore Technology AS v. International Trade Commission
- U.S. Silica Co. v. Amberger Kaolinwerke Eduard Kick GmbH & Co. KG.
- Bradford v. Department of the Air Force