- 12 - compensable "taking" does not ensure or confirm that Lakewood will in fact secure such a remedy given the administrative realities of wetlands regulation. In light of petitioner's allegations concerning COE's administrative practices, we conclude that a genuine issue as to a material fact remains in dispute with regard to Lakewood's prospects for a recovery.5 For these reasons, we conclude that the question of whether Lakewood sustained a loss within the meaning of section 165(a) in this case is not ripe for disposition by summary judgment. To reflect the foregoing, An order denying respondent's Motion for Summary Judgement will be issued. 5 Because this matter is before us on respondent's motion for summary judgment, the inferences that we draw from the underlying facts are viewed in the light most favorable to petitioner, the party opposing the motion. Dahlstrom v. Commissioner, 85 T.C. 812, 821 (1985).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12
Last modified: May 25, 2011