Florida Rock Industries, Inc. v. United States
United States Court of Appeals for the Federal Circuit
791 F.2d 893 (1986)
- Written by Miller Jozwiak, JD
Facts
Florida Rock Industries, Inc. (Florida Rock) (plaintiff) was a limestone mining company in southern Florida. Florida Rock owned about 1,500 acres of wetlands outside of Miami that it wanted to mine for limestone. Florida Rock applied for a permit to mine 98 acres of the land, which it estimated would take about three years. Many public agencies at the federal and state levels objected to the proposed operation due to the loss of wetlands. Some agencies also claimed that the action would create water pollution. The United States Army Corp of Engineers (corps) denied the permit request as against the public interest. Florida Rock sued the United States (defendant) in the claims court, where there were separate trials on the questions of liability and damages. The parties disputed the fair market value of the land. The trial court concluded that there would not be sufficient water pollution for the corps to have jurisdiction over the issue. The trial court also concluded that only the 98 acres constituted a taking worth about $1 million. The corps appealed.
Rule of Law
Issue
Holding and Reasoning (Nichols, J.)
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