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FOREST PROPERTIES, INC. v. UNITED STATES

No. 97-5145.

177 F.3d 1360 (1999)

FOREST PROPERTIES, INC.(now known as RCK Properties, Inc.), Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and Big Bear Municipal Water District, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 19, 1999.

Attorney(s) appearing for the Case

John H. Findley, of Sacramento, California, argued for plaintiff-appellant. With him on the brief were Ronald A. Zumbrun and Meriem L. Hubbard.

Andrew C. Mergen, Attorney, Environmental and Natural Resources Division, U.S. Department of Justice, of Washington, DC, argued for defendant-appellee, United States. With him on the brief were James F. Simon, Acting Assistant Attorney General, Edward J. Passarelli, Alan Brenner, and John A. Bryson, Attorneys.

W. Keith Lemieux, Lemieux & O'Neill, of Westlake Village, California, for defendant-appellee, Big Bear Municipal Water District.

Before LOURIE, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and RADER, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

This appeal challenges the Court of Federal Claims' decision that the United States did not take the appellant's real property when it denied the appellant a permit to dredge and fill certain underwater lake-bottom property. We agree that there was no taking and therefore affirm the judgment dismissing this suit for just compensation.

I

This case grows out of the planned residential development of two segments of property...

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