context: The legislative deprivation of [plaintiffs'] right to exclude, without more, constitutes a taking." Pls.' Cross-Mot. 30. The physical taking issue turns on the court's interpretation of the requirements arising under the WARA and is an issue of law that can be adjudicated on a motion for summary judgment.
citation_a.signal: see
citation_a.identifier: 294 F.3d 1340, 1340
citation_a.parenthetical: recognizing, in a takings case, that "[i]ssues of statutory interpretation and other matters of law may be decided on motion for summary judgment"
citation_a.sentence: See Billings v. United States, 322 F.3d 1328, 1332 (Fed.Cir.2003) (“The underlying issue, one of statutory ... construction, is a question of law_”); Santa Fe Pac. R.R. Co., 294 F.3d at 1340 (recognizing, in a takings case, that “[i]ssues of statutory interpretation and other matters of law may be decided on motion for summary judgment”); see also Palmyra Pac. Seafoods, L.L.C., 561 F.3d at 1361 (“[Cjontract rights can be the subject of a takings action.” (citing Lynch, 292 U.S. at 579, 54 S.Ct. 840)).
citation_b.signal: see also
citation_b.identifier: 292 U.S. 579, 579
citation_b.parenthetical: "[Cjontract rights can be the subject of a takings action." (citing Lynch, 292 U.S. at 579, 54 S.Ct. 840
citation_b.sentence: See Billings v. United States, 322 F.3d 1328, 1332 (Fed.Cir.2003) (“The underlying issue, one of statutory ... construction, is a question of law_”); Santa Fe Pac. R.R. Co., 294 F.3d at 1340 (recognizing, in a takings case, that “[i]ssues of statutory interpretation and other matters of law may be decided on motion for summary judgment”); see also Palmyra Pac. Seafoods, L.L.C., 561 F.3d at 1361 (“[Cjontract rights can be the subject of a takings action.” (citing Lynch, 292 U.S. at 579, 54 S.Ct. 840)).