Marzulla Law Legal Report - April 26, 2011


In This Newsletter:

- Federal Circuit Rules in Favor of Casitas Water Users

Last November 2010, Casitas Municipal Water District was in trial in the U.S. Court of Federal Claims in Washington, D.C., seeking damages for the taking of its water, following a dramatic reversal of the takings issue in the U.S. Court of Appeals for the Federal Circuit - in Casitas' favor.

Early in the case, the Government took the position that the taking of any water right was to be analyzed as a regulatory taking - which is an almost impossible standard for the plaintiff to win under - and not as a physical taking - which is the standard that has been historically used in water rights takings cases.

Originally, the Court of Federal Claims agreed with the Government, holding that the taking of Casitas' water rights would be determined using the regulatory takings test. But Casitas appealed, and the Federal Circuit agreed with Casitas, entirely reversing the trial court's ruling as to which taking test applied. The Federal Circuit also held that Casitas' operation of the fish ladder - which the National Marine Fisheries Service required Casitas build for the endangered West Coast steelhead trout - requires that Casitas provide aportion of its water - its property...

- Staff Spotlight - Jared Pliner

Jared Pliner is the wonderful voice you hear when you call Marzulla Law. His great speaking voice is no accident. He will graduate this May 2011 from George Washington University (GW), majoring in journalism and mass communication with a minor in political science...

- About Our Law Firm

Marzulla Law, LLC is a Washington D.C.- based law firm. Nancie G. Marzulla and Roger J.Marzulla help property owners get paid just compensation when the Government takes their property through inverse condemnation.

Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Nancie G. Marzulla, Marzulla Law, LLC | Attorney Advertising

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