United States First Circuit

Plaintiffs-landowners' suit, claiming that defendant's actions infringed upon their property rights, is dismissed on grounds that it is barred by principles of res judicata and sovereign immunity, and defendant's motion for fees and costs is granted as a sanction for the plaintiff's frivolous appeal.

Appellate Information

• Decided 08/25/2004
• Published 08/25/2004

Judges

• LIPEZ, Circuit Judge., Before SELYA, Circuit Judge, CYR, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• William D. Breneman, with whom Breneman & Georges was on the brief, for appellants.


• For Appellees:
  
• Anita Johnson, Assistant U.S. Attorney, with whom Michael J. Sullivan, United States Attorney, was on the brief for appellee United States, ex rel. Federal Aviation Administration., Maria Hickey Jacobson, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, and Salvatore M. Giorlandino, Assistant Attorney General, were on the brief for appellee Commonwealth of Massachusetts, ex rel. Massachusetts Aeronautics Commission., Richard T. Tucker, with whom Bernstein, Burwick & Tucker, LLC was on the brief, for appellee 70 Acres of Land, a/k/a The Tanner Hiller Airport.