Darby Development Co. v. United States

 
APPEAL NO.
22-1929
OP. BELOW
CFC
SUBJECT
Takings
AUTHOR
Prost

Issue(s) Presented

1. “Did the Court of Federal Claims err as a matter of law in dismissing Plaintiffs’ takings claim?”

2. “Did the Court of Federal Claims err as a matter of law in dismissing Plaintiffs’ alternative claim for illegal exaction where the Government compelled Plaintiffs to incur the expense associated with housing people the Government ordered to be housed in violation of their leases?”

Holding

1.”we conclude that Appellants’ complaint stated a claim that fits within the Court’s conception of a physical taking.”

2. “At oral argument, however, Appellants represented that if we reversed the dismissal of the takings claim (which we do), we need not reach the dismissal of the illegal-exaction claim.”