Welty v. United States
Source
Author
About This Legal Opinion
The Court of Federal Claims dismissed Welty's suit on a 12(b)(6) motion for failure to state a claim, and Welty appealed. The appellate court affirmed, finding that Given's participation in the CRP and his decision to construct the levees was voluntary and thus there was no taking.
Membership Required
This resource is a Land Trust Alliance member benefit for the staff, board and volunteers of land trust and affiliate member organizations, and Alliance donors at the Protector level.
Schwent v. United States
The court found that Schwent’s suit against the federal government sounded in takings so therefore the Court of Federal Claims had jurisdiction not the District Court and the nuisance claim against Willets was entirely based on state law and not federal law.
Hancock Cnty. Land Acquisitions v. United States
The 11th Circuit affirmed the Tax Court decision finding that the Anti-Injunction Act barred the suit in District Court because the case was a dispute over taxes.
Bruzewicz v. United States tax court opinion
The District Court ruled for the IRS on summary judgment, holding that the failure to comply with I.R.C. § 170(f)(8) was, in and of itself, fatal to the deduction claim. The court rejected substantial compliance.
Telzrow v. United States
The Court of Federal Claims denied NRCS's motion to dismiss, holding that Telzrow could bring a breach of contract action. At the same time, the court dismissed the attempt to nullify the easement.
Cergnul v. Bradfield
The small claims court dismissed the action for lack of standing, and the appellate court affirmed.
Rodgers v. Vilsack
The trial court dismissed the suit in favor of the United States, finding that Rodgers' violations of the easement were so clear that there was no true title dispute, and therefore no jurisdiction under the Quiet Title Act.
968 Franklin Manor LLC v. Anne Arundel Cnty. Office of Planning
A successor landowner with record knowledge of the conservation easement sought rescission then filed federal and state takings claims. The District Court granted the County's motion to dismiss on the federal takings claim and remanded to state court to address the remaining state claims.
Adirondack Mountain Reserve v. Board of Assessors of the Town
The court found that there is support in the record for the trial court's finding, affirmed by the Appellate Division (99 AD2d 600), that the easement did not diminish the highest and best use of petitioner's retained property so there was no property tax reduction.
Wooster v. Department of Fish and Game
The appellate court affirmed the trial court in holding that the posting requirement was a covenant, and not a condition subsequent, of the easement, and therefore the failure to comply with this requirement was not grounds for rescission.
Werner et al. v. United States
The trial court dismissed the equitable action for lack of jurisdiction and also dismissed the claim for damages, holding that the actions of the two Government agents were unauthorized. The Eighth Circuit affirmed.