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McGUIRE v. U.S.

No. 2012-5073.

707 F.3d 1351 (2013)

Jerry McGUIRE, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 20, 2013.

Attorney(s) appearing for the Case

David A. Domina , Domina Law Group PC, LLC, of Omaha, NE, argued for plaintiff-appellant.

Thekla Hansen-Young , Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. Of counsel on the brief was Ignacia S. Moreno , Assistant Attorney General.

Opinion for the court filed by Circuit Judge DYK. Circuit Judge REYNA concurs in the judgment.

DYK, Circuit Judge.

Jerry McGuire leased a plot of farmland in Arizona from the Colorado River Indian Tribes ("CRIT") with the approval of the Bureau of Indian Affairs ("BIA"). He filed this Fifth Amendment regulatory takings claim after the BIA removed a bridge that he used to access portions of the leased property. McGuire does not claim that removal of the bridge was itself a taking, but rather that the BIA's alleged refusal to authorize replacement of the bridge...

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