McGuire v. United States, 97 Fed. Cl. 425 (Fed Cl. 2011)

(inverse condemnation action brought nine years ago involving plaintiff's claim that defendant took his leased property by removing bridge used to access northern portion of property; Ninth Circuit held that exclusive jurisdiction rested in U.S. Court of Federal Claims and remanded case for transfer; court denies government's motion to dismiss, but government's motion for summary judgment granted, in part - factual issues remain as to whether legally recognizable property interest exists under the Fifth Amendment such that a taking by loss of access occurred, and as to whether regulatory taking occurred via Penn Central analysis; summary judgment proper for government on plaintiff's claim that Lucas-type categorical taking has occurred).