United States Federal Circuit

The federal government's actions in denying a county's right-of-way permit application constituted neither a physical nor a regulatory taking of plaintiffs' private property, specifically, their water rights.

Appellate Information

• Decided 01/28/2003
• Published 01/28/2003

Judges

• PROST, Circuit Judge., Before CLEVENGER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and PROST, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Richard J. Conway,Dickstein Shapiro Morin & Oshinsky LLP, of Washington, DC, argued for plaintiffs-appellants.   With him on the brief were Bernard Nash, James vanR. Springer, C. Ernest Edgar IV, and Michael J. Slattery.


• For Appellees:
  
• Ethan G. Shenkman, Attorney, Environment & Natural Resources Division, Policy Legislation and Special Litigation Section, Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Thomas L. Sansonetti, Assistant Attorney General;  Kathryn E. Kovacs, and Fred R. Disheroon, Attorneys, Appellate Section.