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U.S. v. 480.00 ACRES OF LAND

No. 07-13584.

557 F.3d 1297 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. 480.00 ACRES OF LAND, More or Less, in the County of Dade, State of Florida, et al., Defendants, Gilbert R. Fornatora, Frank Plattner, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

February 11, 2009.

Attorney(s) appearing for the Case

Amy Brigham Boulris, Brigham Moore, LLP, Coral Gables, FL, for Defendants-Appellants.

Michael T. Gray, Robert H. Oakley, USDOJ, ENR, Appellate Sec., Washington, DC, Anne R. Schultz, Asst. U.S. Atty., Miami, FL, for U.S.

Steven Geoffrey Gieseler, Valerie Fernandez, Pacific Legal Foundation, Stuart, FL, for Amicus Curiae.

Before BIRCH and MARCUS, Circuit Judges, and FORRESTER, District Judge.

FORRESTER, District Judge:

Appellants appeal the district court's order confirming and approving a September 15, 2005 Land Commission Report setting the compensation that the United States must pay Appellants to take their property by eminent domain. Appellants contend that (1) the district court adopted the wrong legal standard to determine whether the Government improperly used a local zoning ordinance to prevent development on and reduce the value of their land...

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