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BRIGHT v. U.S.

No. 2009-5048.

603 F.3d 1273 (2010)

Edward L. BRIGHT, II, Fred E. Evans, Nancy A. Evans, Earleen Fauvergue, Clarence Forkner, Randy W. Froebe, Debra J. Froebe, Geneva Grubbs, Norma Lou Hall, Homer E. Hamilton, Debbie M. Hamilton, Shirley Hendricks, David Houser, Gail Houser, Patrick J. O'Bryan, Trustee of the Patrick J. O'Bryan Revocable Living Trust Under Agreement Dated 9/7/2001, Lester Roark, Donald Lee Roper, II, Ricky D. Russell, B. Lorene Soper, Brady J. Stuart, and Rose M. Stuart, for Themselves and as Representatives of a Class of Similarly Situated Persons, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 3, 2010.

Attorney(s) appearing for the Case

Mark F. ("Thor") Hearne, II, Lathrop & Gage LLP, of St. Louis, MO, argued for plaintiffs-appellants. With him on the brief were Lindsay S.C. Brinton and Meghan S. Largent.

Kristine S. Tardiff, Attorney, Environment and Natural Resources Division, United States Department of Justice, of Concord, NH, argued for defendant-appellee. With her on the brief were John C. Cruden, Acting Assistant Attorney General; and Kathryn E. Kovacs, Attorney, of Washington, DC.

Nancie G. Marzulla, Marzulla Law, of Washington, DC, for amici curiae Klamath Irrigation District, et al. With her on the brief was Roger J. Marzulla.

Brent W. Baldwin, Baker Sterchi Cowden & Rice, LLC, of St. Louis, MO, for amici curiae Larry J. Rhutasel, et al. With him on the brief were Steven M. Wald and J. Robert Sears; and Thomas S. Stewart, of Kansas City, MO.

Helen K. Michael, Howrey LLP, of Washington, DC, for amicus curiae National Federation of Federal Employees. With her on the brief was John F. Stanton.

Before MICHEL, Chief Judge, RADER, and SCHALL, Circuit Judges.

SCHALL, Circuit Judge.

Plaintiffs-Appellants ("Appellants") are putative members of a class of landowners seeking compensation under the Fifth Amendment pursuant to the Tucker Act, 28 U.S.C. § 1491(a)(1). They seek compensation for the alleged taking of their respective property interests under the National Trail Systems Act, 16 U.S.C. §§ 1241-1251 (the "Trails Act"). The United States Court of Federal Claims dismissed Appellants' second amended complaint...

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