United States Federal Circuit

Plaintiff's claim that destruction of its facility constituted a taking of private property for public use under the Fifth Amendment is dismissed where the property in question was transformed into enemy property by the President and the takings clause does not extend to claims arising out of military operations.

Appellate Information

• Decided 08/11/2004
• Published 08/11/2004

Judges

• CLEVENGER, Circuit Judge., Before LOURIE, CLEVENGER, and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Stephen J. Brogan, Jones Day, of Washington, DC, argued for plaintiffs-appellants.   With him on the brief were Timothy J. Finn, Jonathan C. Rose, Daniel H. Bromberg and Julia C. Ambrose.   Of counsel was Christopher J. Lovrien.


• For Appellees:
  
• Peter H. Oppenheimer, Attorney, Environment & Natural Resources Division, Policy, Legislation & Special Litigation Section, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Thomas L. Sansonetti, Assistant Attorney General;  and Kathryn E. Kovacs, Attorney.