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TABB LAKES, LTD. v. U.S.

No. 93-5029.

10 F.3d 796 (1993)

TABB LAKES, LTD., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

November 24, 1993.

Attorney(s) appearing for the Case

Richard R. Nageotte, Nageotte & Krein, Stafford, VA, argued for plaintiff-appellant.

David C. Shilton, Atty., Dept. of Justice, Washington, DC, argued for defendant-appellee. With him on the brief were Myles E. Flint, Acting Asst. Atty. Gen., Environment & Nat. Res. Div., Dirk D. Snel and Dorothy R. Burakreis, Attys.

Before NIES, Chief Judge, SMITH, Senior Circuit Judge, and MICHEL, Circuit Judge.

NIES, Chief Judge.

Tabb Lakes, Ltd., appeals the judgment of the United States Court of Federal Claims dismissing its claim for compensation under the Fifth Amendment for an alleged taking of its property. The court held that the action of the U.S. Army Corps of Engineers which delayed residential development of Tabb Lakes' land containing wetlands did not constitute a regulatory taking of its property for the alleged period of delay. Tabb Lakes, Inc. v. United...

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