TUTHILL RANCH, INC. v. U.S.

No. 03-5085.

381 F.3d 1132 (2004)

TUTHILL RANCH, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: August 23, 2004.


Attorney(s) appearing for the Case

Michael G. Neff, Haglund, Kelley, Horngren & Jones, LLP, of Portland, OR, argued for plaintiff-appellant. Of counsel was Scott W. Horngren.

Andrew W. Mergen, Attorney, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. On the brief were Thomas L. Sansonetti, Assistant Attorney General; and Julia K. Evans, William B. Lazarus, and Lisa E. Jones, Attorneys. Of counsel was Sonya L. Baskerville, Attorney, Bonneville Power Administration, of Portland, OR.

Before MAYER, Chief Judge, LOURIE, and GAJARSA, Circuit Judges.


GAJARSA, Circuit Judge.

Tuthill Ranch, Inc. ("Tuthill") appeals the summary judgment granted by the United States Court of Federal Claims ("Court of Federal Claims") in favor of the United States ("government"). Tuthill claimed that the government had physically occupied Tuthill's property, thereby effecting a compensable physical taking. The Court of Federal Claims found that, based upon undisputed facts, the government had not physically occupied Tuthill's property...

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