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· 11/15/1875

Wiley v. Flournoy

Citations

  • 30 Ark. 609

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that the “Court of Claims is the predecessor court to this court and a predecessor to the United States Court of Appeals for the Federal Circuit”
  • providing Mr. Burgoyne’s testimony that erosion would not impact structures on properties located “hundreds of feet from any improvements” “for many, many years” (citation omitted)
  • finding Mr. Burgoyne’s testimony of no adverse reaction to home values “well-supported and reasonable,” without address- ing the five properties where diminution in value was found
  • referring to a finding made in Liability Op., 78 Fed. Cl. at 654−57
  • “Plaintiffs carry the burden of proving that a taking has occurred justifying the payment of just compensation.” (quoting Loesch v. United States, 645 F.2d 905, 914 (Ct.Cl.1981) (internal quotations omitted))
  • “The composition of the shoreline is significant in this case because it indicates how the shoreline will erode, whether any erosion is permanent[,] and whether it is possible to mitigate any ongoing erosion.” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Harrison

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Sourced 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.