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CARY v. U.S.

No. 2008-5022.

552 F.3d 1373 (2009)

Richard CARY, Susan Cary, Patricia Geerts, Sharon Henry, James Herzog, Diane Knueffer, Patricia Martin, Robert S. Martin, Janet Marie Priatt, Dona Schneider, Douglas Schwaebe, Carl Schweikert, Katherine Schweikert, David Southcott, and Mary Carol Wilder, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 16, 2009.

Attorney(s) appearing for the Case

Mark S. Grotefeld, Grotefeld & Hoffmann, LLP, of Chicago, IL, argued for plaintiffs-appellants. With him on the brief were Todd C. Harshman and Waylon J. Pickett, of San Francisco, CA.

Katherine W. Hazard, Attorney, Environment and Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Ronald J. Tenpas, Assistant Attorney General, and Katherine J. Barton and Marc A. Smith, Attorneys.

Before MAYER, LINN, and MOORE, Circuit Judges.

MAYER, Circuit Judge.

Richard Cary, et al., ("landowners") appeal the judgment of the United States Court of Federal Claims denying their claims against the United States for the taking of their property without just compensation by inverse condemnation in the 2003 California "Cedar Fire." Cary v. United States, 79 Fed.Cl. 145 (2007). Because the landowners have not stated a claim for which relief may be granted, we affirm.

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