United States Federal Circuit

In a takings action, district court grant of summary judgment against the government is vacated and remanded where court of Federal Claims improperly applied the present court's prior decision in Hash v. US in ruling that a taking had occurred, as Hash did not decide the scope of the easement granted under the 1875 Act or whether any residual easement has been abandoned in this case.

Appellate Information

• Decided 05/05/2009
• Published 05/05/2009

Judges

Court

• United States Federal Circuit

Counsel