David M. BROWN and Carolyn W. Brown, Plaintiffs-Appellants,
v.
The UNITED STATES, Defendant-Appellee.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
January 17, 1996.
January 17, 1996.
Attorney(s) appearing for the Case
Samuel Downing McDaniel, Attorney, of Austin, Texas, argued for plaintiffs-appellants. With him on the brief was Corbin L. Snow, of San Antonio, Texas, of counsel.
Jacques B. Gelin, Attorney, Department of Justice, Environment & Nat. Resources Division, of Washington, D.C., argued for defendant-appellee. With him on the brief were Lois J. Schiffer, Acting Assistant Attorney General, David C. Shilton and Andrew M. Eschen, Attorneys. Also on the brief was Ronald Forcier, Air Force Legal Services Agency, Arlington, Virginia, of counsel.
Before MAYER, Circuit Judge, SMITH, Senior Circuit Judge, and PLAGER, Circuit Judge.
United States Court of Appeals, Federal Circuit.
PLAGER, Circuit Judge.
This case involves the impact of noise from aircraft overflights, and arises under the takings clause of the Fifth Amendment.1 In their complaint to the Court of Federal Claims, David and Carolyn Brown alleged that noise from low overflights by United States Air Force planes constituted a taking of their property, and that just compensation was due. The Government moved for summary judgment that, as a matter of law...
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