EVANS v. U.S.

Nos. 2010-1303, 2010-1385.

694 F.3d 1377 (2012)

Fred E. EVANS, Nancy A. Evans, Randy W. Froebe, Debra J. Froebe, Geneva Grubbs, Norma Lou Hall, 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, and B. Lorene Soper, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee. Edward L. Bright, II, Clarence Forkner, Homer E. Hamilton, Debbie M. Hamilton, Ricky D. Russell, Brady J. Stuart, and Rose M. Stuart, Plaintiffs-Appellants, and Earleen Fauvergue, Plaintiff, v. United States, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 17, 2012.


Attorney(s) appearing for the Case

Mark F. ("Thor") Hearne, II , Arent Fox, LLP, of Clayton, MO, for all plaintiffs-appellants. With him on the brief were Meghan S. Largent and Lindsay S.C. Brinton .

Katherine J. Barton , Attorney, Environmental and Natural Resources Division, United States Department of Justice, of Washington, DC, for defendant-appellee. With her on the brief was Ignacia S. Moreno , Assistant Attorney General.

Before RADER, Chief Judge, NEWMAN and PLAGER, Circuit Judges.


PLAGER, Circuit Judge.

The base case in this litigation began as a Rails-to-Trails takings suit in the Court of Federal Claims, brought by a landowner against the United States for a taking under the Fifth Amendment to the Constitution. That suit, proposed as a class action suit, digressed into a dispute with the Government over the applicability of the statute of limitations to later-filing landowners. These later-filing landowners, appellants here, were landowners...

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