· 5/15/2008
Huntleigh USA Corporation v. United States
Citations
- 525 F.3d 1370
- 2008 U.S. App. LEXIS 10437
- 2008 WL 2051966
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Government action having the effect of frustrating plaintiff’s “business expectations . . . does not form the basis of a cognizable takings claim.”
- holding that “Omnia foreclosed the existence of a compensable taking” under similar circumstances
- rejecting takings claim where “the government has not appropriated for its own use any property owned by Huntleigh”
- stating that Air Pegasus of D.C., Inc. “is indistinguishable from this case because in both Air Pegasus [of D.C., Inc.] and this case the party alleging a taking, rather than having its own property taken, saw its business interests frustrated by governmental regulation of third parties”
- in turn quoting American Pelagic Fishing Co. v. United States, 379 F.3d 1363, 1372 (Fed. Cir. 2004)
- no direct taking even where congressional action rendered the going concern value of the plaintiff’s business “worthless”
Source: CourtListener parenthetical corpus (CC0).
Judges: Newman, Mayer, Schall
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.