United States Federal Circuit

Dismissal of several landowners' Fifth Amendment takings claims challenging the operation of the National Trail Systems Act is affirmed where the claims were time-barred since they were filed more than six years after the Surface Transportation Board issued Notices of Interim Trail Use or Abandonment.

Appellate Information

• Decided 04/11/2006
• Published 04/11/2006

Judges

• Before NEWMAN, DYK, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Cecilia Fex, Ackerson Kauffman Fex, PC, of Washington, DC, argued for plaintiffs-appellants John Barclay, et al.   With her on the brief was Nels Ackerson., Robert J. Rosati, of Fresno, California, argued for plaintiff-appellant Renewal Body Works, Inc., Mark F. (Thor) Hearne II, Lathrop & Gage L.C., of St. Louis, Missouri, for amici curiae Sarah Illig, et al. in appeal 05-1255.   With him on the brief were J. Robert Sears and Alok Ahuia.   Of counsel on the brief were Charles J. Cooper, David H. Thompson, and David M. Lehn, Cooper & Kirk, PLLC, of Washington, DC.


• For Appellees:
  
• Lane M. McFadden, Attorney, Appellate Section, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee in 05-1255.   With him on the brief were Kelly A. Johnson, Acting Assistant Attorney General, and Kathryn E. Kovacs and John E. Arbab, Attorneys.  John E. Arbab, Attorney, argued for defendant-appellee in 05-5109.   With him on the brief were Kelly A. Johnson, Acting Assistant Attorney General, and Kathryn E. Kovacs, Attorney.