United States Federal Circuit

In an action against the U.S. for the taking of their property without just compensation by inverse condemnation in the huge 2003 California "Cedar Fire", which arose after a lost hunter started a signal fire, denial of plaintiffs-landowners' claims is affirmed where plaintiffs failed to state a claim with regard to their allegations that the Forest Service took a "known calculated risk" that its land management policies for fires would result in a taking of plaintiffs' properties.

Appellate Information

• Decided 01/16/2009
• Published 01/16/2009

Judges

• MAYER, Circuit Judge., Before MAYER, LINN, and MOORE, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Mark S. Grotefeld, Grotefeld & Hoffmann, LLP, of Chicago, IL, argued for plaintiffs-appellants.   With him on the brief were Todd C. Harshman and Waylon J. Pickett, of San Francisco, CA.


• For Appellees:
  
• Katherine W. Hazard, Attorney, Environment and Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With her on the brief were Ronald J. Tenpas, Assistant Attorney General, and Katherine J. Barton and Marc A. Smith, Attorneys.