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SCHOONER HARBOR VENTURES, INC. v. U.S.

No. 2008-5084.

569 F.3d 1359 (2009)

SCHOONER HARBOR VENTURES, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 16, 2009.

Attorney(s) appearing for the Case

William Lee Guice III, Rushing & Guice, P.L.L.C., of Biloxi, MS, argued for plaintiff-appellant. Of counsel was Lauren Sonnier, of Ocean Springs, MS.

Robert J. Lundman, Attorney, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief was Ronald J. Tenpas, Assistant Attorney General.

Before NEWMAN, SCHALL, and GAJARSA, Circuit Judges.

GAJARSA, Circuit Judge.

This case concerns the issue of whether the property of the plaintiff, Schooner Harbor Ventures, Inc. ("Schooner Harbor"), was taken by the United States, such that it must pay just compensation under the Fifth Amendment. The United States Court of Federal Claims ("trial court") granted summary judgment for the Government on the ground that Schooner Harbor had failed to identify a cognizable property interest that had been affected by government...

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