United States Federal Circuit

The voluntary relinquishment of a property interest caused by government delay cannot transform a temporary taking into a permanent taking.

Appellate Information

• Decided 11/20/2001
• Published 11/20/2001

Judges

• GAJARSA, Circuit Judge., Before NEWMAN, BRYSON, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Raymond D. Battocchi,Gabeler, Battocchi & Griggs LLC, of McLean, VA, argued for plaintiffs-cross appellants.   With him on the brief were John R. Powell, and Vicky Ann Paisley.   Of counsel on the brief was Walter H. Fleischer, of Washington, DC., Charles F. Lettow, Cleary, Gottlieb, Steen & Hamilton, of Washington, DC, for amicus curiae Cane Tennessee, Inc. Of counsel on the brief were Michael A. Mazzuchi, and Timothy A. Vogel.


• For Appellees:
  
• Jeffrey C. Dobbins, Attorney, Environment and Natural Resources Division, Department of Justice, of Washington, DC, argued for defendant-appellant.   With him on the brief were Lois J. Schiffer, Assistant Attorney General;  Marc A. Smith, and Andrew C. Mergen, Attorneys.   Of counsel on the brief was Daniel W. Kilduff, Attorney, Office of the Solicitor, Department of the Interior, of Washington, DC.