BRENEMAN v. U.S. EX REL. F.A.A.

No. 03-2616.

381 F.3d 33 (2004)

John BRENEMAN and William D. Breneman, Plaintiffs, Appellants, v. UNITED STATES ex. rel. the FEDERAL AVIATION ADMINISTRATION; Commonwealth of Massachusetts ex. rel. Massachusetts Aeronautics Commission; 70 Acres of Land a/k/a Tanner Hiller Airport, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided August 25, 2004.


Attorney(s) appearing for the Case

William D. Breneman, with whom Breneman & Georges was on the brief, for appellants.

Anita Johnson, Assistant U.S. Attorney, with whom Michael J. Sullivan, United States Attorney, was on the brief for appellee United States, ex rel. Federal Aviation Administration.

Maria Hickey Jacobson, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, and Salvatore M. Giorlandino, Assistant Attorney General, were on the brief for appellee Commonwealth of Massachusetts, ex rel. Massachusetts Aeronautics Commission.

Richard T. Tucker, with whom Bernstein, Burwick & Tucker, LLC was on the brief, for appellee 70 Acres of Land, a/k/a The Tanner Hiller Airport.

Before SELYA, Circuit Judge, CYR, senior Circuit Judge, and LIPEZ, Circuit Judge.


LIPEZ, Circuit Judge.

In the continuation of a long legal battle, plaintiff landowners brought suit in December 2002 against the Massachusetts Aeronautics Commission (MAC), the Federal Aviation Administration (FAA) and Tanner Hiller Airport, a privately-owned facility, claiming that various actions taken by these entities infringed upon the landowners' property rights. The district court granted the motions to dismiss of the...

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