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OTAY MESA PROPERTY, L.P. v. U.S.

Nos. 2011-5002, 2011-5008.

670 F.3d 1358 (2012)

OTAY MESA PROPERTY, L.P., Rancho Vista Del Mar, Otay International, LLC, OMC Property, LLC, D & D Landholdings, LP, and International Industrial Park, Inc., Plaintiffs-Cross Appellants, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

January 25, 2012.

Attorney(s) appearing for the Case

Roger J. Marzulla , Marzulla Law, LLC, of Washington, DC, argued for plaintiffs-cross appellants. With him on the brief was Nancie G. Marzulla .

John E. Arbab , Attorney, Appellate Section, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief was Ignacia S. Moreno , Assistant Attorney General.

Before NEWMAN, SCHALL, and MOORE, Circuit Judges.

SCHALL, Circuit Judge.

The United States appeals the final decision of the United States Court of Federal Claims in Otay Mesa Property, L.P. v. United States, 93 Fed.Cl. 476 (2010) ("Compensation Decision"). In that decision, the court awarded plaintiffs $3,043,051, plus interest, for the temporary taking of a blanket easement over five parcels of land in the Otay Mesa area of San Diego County, California. For their part, plaintiffs cross-appeal the...

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