United States Federal Circuit

The Court of Federal Claims properly denied plaintiffs' claim for compensation for a physical taking on ground that plaintiffs failed to establish any decline in the fair market value of their property, however, the case is vacated and remanded to determine if plaintiffs can recover on a cost of cure theory.

Appellate Information

• Decided 10/01/2004
• Published 10/01/2004

Judges

• Before RADER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Roger J. Marzulla, Defenders of Property Rights, of Washington, DC, argued for plaintiffs-appellants.   With him on the brief was Nancie G. Marzulla.


• For Appellees:
  
• Kathryn E. Kovacs, Appellate Section, Environment and Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With her on the brief were Thomas L. Sansonetti, Assistant Attorney General;  and Richard A. Barrett.