Argument Recap

Argument Recap – City of Fresno v. United States

Earlier this month, the Federal Circuit heard oral argument in City of Fresno v. United States. In this case, the Federal Circuit is reviewing a judgment of the Court of Federal Claims, which ruled on cross-motions for summary judgment related to breach of contract and Fifth Amendment takings claims. The plaintiffs argue on appeal that the trial court erred both in concluding that the contractual water rights in question were subordinate to the rights of others during a drought and by dismissing takings claims for lack of standing. Judges Moore, Clevenger, and Stark heard the argument. This is our argument recap. 

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