1. “Did the Trial Court erroneously conclude the United States Army Corps of Engineers’ (the ‘Corps’’) denial of Lemon Bay’s wetland permit did not constitute a categorical taking of Lemon Bay’s land and of its vested proprietary rights to bulkhead and fill in the land under Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992)?”
2. “Alternatively, did the Trial Court erroneously conclude that the Corps denial of Lemon Bay’s wetland permit did not constitute a taking of Lemon Bay’s land and its vested proprietary right to bulkhead and fill in the land under Penn Central Transp. Co. v. City of New York, 438 U.S. 104 (1978)?”
3. “Does Lemon Bay’s alleged ability to transfer and sell Transferable Density Units qualify an economic use for takings analysis purposes where there was no testimony or evidence that such ability actually enhances the value of Lemon Bay’s land and rights?”
4. “Does the Corps denial of Lemon Bay’s wetland permit amount to a separate taking of Plaintiff’s special statutory riparian right to bulkhead and fill its land?”
