McGuire v. United States
Dec
24
2008
Ruling
Sovereign immunity barred bankruptcy court from considering debtor's taking claim against the Bureau of Indian Affairs under the Tucker Act.
Procedural posture
Plaintiff claimant, a bankrupt farmer, sought review of a judgment from the District Court for the District of Arizona which rejected the bankruptcy court's recommendation of a damage award to plaintiff on his inverse condemnation claim against defendant United States. The district court agreed with the bankruptcy court that the Government's actions could qualify as a regulatory taking but held that plaintiff's claim was not ripe for review.
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Court
:
Judge or Jurisdiction information not available