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CRV ENTERPRISES, INC. v. U.S.

No. 2009-5100.

626 F.3d 1241 (2010)

CRV ENTERPRISES, INC. and C. Ryan Voorhees, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

November 17, 2010.

Attorney(s) appearing for the Case

John H. Patton , Patton Martin & Sullivan LLP, of Pleasanton, CA, argued, for plaintiffs-appellants.

Aaron P. Avila , Attorney, Environment and Natural Resources Division, United States Department of Justice, of Washington, DC, for defendant-appellee. With him on the brief was Ignacia S. Moreno , Assistant Attorney General.

Before RADER, Chief Judge, LINN, and DYK, Circuit Judges.

DYK, Circuit Judge.

CRV Enterprises, Inc. and C. Ryan Voorhees ("plaintiffs") filed a claim against the United States in the Court of Federal Claims ("Claims Court"), alleging that the United States had taken plaintiffs' private property without just compensation by erecting a log boom that prevented plaintiffs from utilizing a slough adjacent to their property. The Claims Court held that plaintiffs failed to state a physical takings claim and that any regulatory...

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