United States Federal Circuit

In a class action lawsuit alleging "taking" claims under the Fifth Amendment, defendant's conversion of plaintiff's land to a public trail was a taking for public use and entitles the landowners to just compensation.

Appellate Information

• Decided 04/04/2005
• Published 04/04/2005

Judges

• PAULINE NEWMAN, Circuit Judge., Before NEWMAN, LOURIE, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Cecilia Fex, Ackerson Kauffman Fex, PC, of Washington, DC, argued for plaintiffs-appellants.   With her on the brief was Nels J. Ackerson.   Of counsel on the brief was Daniel J. Millea, Zelle, Hofmann, Voelbel, Mason & Gette, LLP, of Minneapolis, Minnesota.   Of counsel were John B. Massopust and Timothy W. Regan., Andrea C. Ferster, General Counsel, Rails-to-Trails Conservancy, of Washington, DC, for amicus curiae Rails-to-Trails Conservancy.


• For Appellees:
  
• Katherine J. Barton, Deputy Assistant Attorney General, Appellate Section, Environment and Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With her on the brief was Kathryn E. Kovacs, Attorney.