LOVELADIES HARBOR, INC. and Loveladies Harbor, Unit D, Inc., Plaintiffs-Appellees,
v.
The UNITED STATES, Defendant-Appellant.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
May 24, 1994.
May 24, 1994.
Attorney(s) appearing for the Case
Kevin J. Coakley, Connell, Foley & Geiser, Roseland, NJ, argued for plaintiffs-appellees. With him on the brief were Stephen D. Kinnard and Ernest W. Schoellkopff.
Robert L. Klarquist, Attorney, Lands & Natural Resources Div., Dept. of Justice, Washington, DC, argued for defendant-appellant. With him on the brief were Lois J. Schiffer, Acting Asst. Atty. Gen., Environmental & Natural Resources Div., John A. Bryson, Fred Disheroon and Gary S. Guzy.
James S. Burling, Ronald A. Zumbrun and Robin L. Rivett, Pacific Legal Foundation, Sacramento, CA, were on the brief for amicus curiae, Pacific Legal Foundation.
Roland L. Skala, Weeks & Skala, Yakima, WA, was on the brief for amicus curiae, Cascade Development Co., Inc.
Paula K. Smith, Asst. Utah Atty. Gen., and Jan Graham, Utah Atty. Gen., Salt Lake City, UT, and Cheri Jacobus, Chief Asst. Atty. Gen., Anchorage, AK, and Charles E. Cole, Alaska Atty. Gen., Juneau, AK, were on the brief for amicus curiae, States of Utah and Alaska.
Virginia S. Albrecht, Albert J. Beveridge, III and David S. Isaacs, Beveridge & Diamond, P.C., Washington, DC, and Mary V. DiCrescenzo, Nat. Ass'n of Home Buildings, Washington, DC, were on the brief for amicus curiae, Nat. Ass'n of Home Builders.
Richard Dauphinais, Native American Rights Fund, Washington, DC, and Yvonne T. Knight and Patrice Kunesh, Native American Rights Fund, Boulder, CO, were on the brief for amicus curiae, Cheyenne-Arapaho Tribes of Oklahoma.
Charles F. Lettow, Michael R. Lazerwitz and Michael A. Mazzuchi, Cleary, Gottlieb, Steen & Hamilton, Washington, DC, were on the brief for amicus curiae, Dico, Inc.
Thomas H. Shipps, Maynes, Bradford, Shipps & Sheftel, Durango, CO, and Scott B. McElroy and Alice E. Walker, Greene, Meyer & McElroy, P.C., Boulder, CO, were on the brief for amicus curiae, Southern Ute Indian Tribe.
George W. Miller, Walter A. Smith, Jr., Jonathan L. Abram and Jonathan S. Franklin, Hogan & Hartson, Washington, DC, were on the brief for amicus curiae, Whitney Benefits, Inc. and Peter Kiewit Son's Co.
Daniel J. Popeo and Paul D. Kamenar, Washington Legal Foundation, and W. Lawrence Wallace and Carolyn M. White, Vinson & Elkins, Washington, DC, were on the brief for amicus curiae, Washington Legal Foundation, The Allied Educational Foundation, Senator Steve Symms, Senator Conrad Burns and Senator Jesse Helms.
Thomas D. Searchinger, Environmental Defense Fund, New York City, was on the brief for amicus curiae, Environmental Defense Fund.
Before ARCHER, Chief Judge, and RICH, NIES, NEWMAN, MAYER, MICHEL, PLAGER, LOURIE, CLEVENGER, RADER, and SCHALL, Circuit Judges.
United States Court of Appeals, Federal Circuit.
PLAGER, Circuit Judge.
This case first came before the court as a regulatory takings case. The United States Government (Government) appealed from the merits of a decision of the Court of Federal Claims, which had granted monetary relief to a property owner, Loveladies Harbor, Inc. and Loveladies Harbor, Unit D, Inc. (collectively, Loveladies), as a consequence of the Government's denial of a wetlands development permit....
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