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HOWARD W. HECK, AND ASSOCIATES, INC. v. U.S.

No. 97-5064.

134 F.3d 1468 (1998)

HOWARD W. HECK, AND ASSOCIATES, INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 23, 1998.

Attorney(s) appearing for the Case

Kevin J. Coakley, Connell, Foley & Geiser LLP, of Roseland, New Jersey, argued for plaintiff-appellant. With him on the brief was Tricia Bevelock O'Reilly.

Thomas L. Halkowski, Attorney, Environment & Natural Resources Division, U.S. Department of Justice, of Washington, D.C., argued for defendant-appellee. With him on the brief were Lois J. Schiffer, Assistant Attorney General, and Martin W. Matzen, Attorney. Of counsel on the brief was Barry E. Gale, Attorney, U.S. Army Corps of Engineers, Philadelphia District, of Philadelphia, Pennsylvania.

Before MAYER, Chief Judge, RICH and MICHEL, Circuit Judges.

MICHEL, Circuit Judge.

Howard W. Heck, and Associates, Inc. ("Heck") appeals the judgment of the Court of Federal Claims, 37 Fed.Cl. 245 (1997), dismissing its complaint and holding that the court lacked jurisdiction over Heck's Fifth Amendment taking claim1 because the claim was not ripe for adjudication. Because the Army Corps of Engineers ("Corps") made no decision on the merits of Heck's application for a wetlands dredge-and-fill permit...

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