Nos. 97-5079, 97-5083.

158 F.3d 574 (1998)

The CHEVY CHASE LAND COMPANY OF MONTGOMERY COUNTY, MARYLAND, Plaintiff-Appellant, and Columbia Country Club, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and Montgomery County, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 18, 1998.

Attorney(s) appearing for the Case

William J. Utermohlen, Oliff & Berridge, PLC, Alexandria, Virginia, for plaintiff-appellant The Chevy Chase Land Company of Montgomery County, Maryland. Of counsel was Maurice J. Montaldi, Holland & Knight, Washington, DC.

Whayne S. Quin, Wilkes, Artis, Hedrick & Lane, Chartered, Washington, DC, for plaintiff-appellant Columbia Country Club. With him on the brief were John D. Lane and Paul J. Kiernan.

Sean H. Donahue, Attorney, Environment and Natural Resources Division, Department of Justice, Washington, DC, for defendant-appellee United States. With him on the brief were Lois J. Schiffer, Assistant Attorney General, John A. Bryson and Andrew M. Eschen, Attorneys. Of counsel on the brief was Henri F. Rush, General Counsel, Surface Transportation Board, Washington, DC. Of counsel were Edward J. Shawaker, Attorney, Appellate Section, Environment and Natural Resources Division, Department of Justice, and Evelyn G. Kitay, Attorney, Surface Transportation Board.

Diane R. Schwartz-Jones, Associate County Attorney, Office of the County Attorney, Rockville, Maryland, for defendant-appellee Montgomery County. With her on the brief were Charles W. Thompson, Jr., County Attorney, and Marc P. Hansen, Chief, Division of General Counsel.

Before MAYER, Chief Judge, NEWMAN, and CLEVENGER, Circuit Judges.



This case presents the question of whether an uncompensated taking of property in violation of the Fifth Amendment to the United States Constitution has occurred. The answer to that question depends upon complicated issues of Maryland property law upon which this court discerns an absence of applicable and dispositive Maryland law. The State of Maryland has a procedure pursuant to which this court may certify unsettled...

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