Ark. Suit Over Army Corps Floods Heads To High Court

Law360, New York (April 2, 2012, 2:42 PM EDT) -- The U.S. Supreme Court decided Monday to take up Arkansas' challenge to a Federal Circuit ruling that flooding by the U.S. Army Corps of Engineers at a forest preserve did not constitute a taking of property under the Fifth Amendment.

The high court will examine the decision to vacate a lower court's $5.8 million award to the Arkansas Game and Fish Commission for the flooding. The ruling drew a strong dissent from one of the three judges who sat on the deciding panel, and three other...
To view the full article, register now.