· 7/13/1990
Church of Spiritual Technology v. United States
Citations
- 20 Cl. Ct. 762
- 66 A.F.T.R.2d (RIA) 5269
- 1990 U.S. Claims LEXIS 267
- 1990 WL 97770
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that when the district court assesses an environ- mental case under a misapprehension of the law, we often remand unless the record is already sufficient to decide the issue on appeal
- explaining that we need not remand where the district court abused its discretion by applying the incorrect legal standard if there are no underlying factual disputes and it is in the interest of judicial economy to decide the issue on appeal
- addressing whether an act violated the separation of powers doctrine when a plaintiff non-profit organization sued to halt construction of telescopes on top of a mountain
- applying the stay and abeyance procedure to wholly 22 unexhausted petitions
- also recognizing that “laches must be invoked sparingly” in suits brought to vindicate public interest
- courts also have discretion to stay and hold in abeyance fully 22 unexhausted petition under Rhines.
Source: CourtListener parenthetical corpus (CC0).
Judges: Bruggink
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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