United States Federal Circuit

Dismissal of plaintiff-cattle ranch's complaint against the government alleging takings of its water rights and ranching operations, breach of contract, and other injuries is affirmed where plaintiffs' takings claims failed mainly because its water rights do not have an attendant right to graze for purposes of being subject to a taking, and the dismissal of other claims is affirmed, but for lack of jurisdiction.

Appellate Information

• Decided 11/01/2006
• Published 11/01/2006

Judges

• MAYER, Circuit Judge., Before NEWMAN, MAYER, and RADER, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Michael J. Van Zandt, McQuaid Bedford & Van Zandt LLP, of San Francisco, California, argued for plaintiff-appellant.   With him on the brief was Lyman D. Bedford., John Echeverria, Georgetown Environmental Law & Policy Institute, of Washington, DC, for Amicus Curiae.


• For Appellees:
  
• Katherine J. Barton, Attorney, Environment and Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With her on the brief were Sue Ellen Wooldridge, Assistant Attorney General, Kathryne E. Kovacs, and Kathleen L. Doster, Attorneys.