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BROTT v. U.S.

No. 16-1466.

858 F.3d 425 (2017)

Kevin BROTT, et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 31, 2017.

Attorney(s) appearing for the Case

ARGUED: Mark F. Hearne II , ARENT FOX LLP, Washington, D.C., for Appellants. Brian C. Toth , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON BRIEF: Mark F. Hearne II, ARENT FOX LLP, Washington, D.C., Matthew L. Vicari , Stephen J. van Stempvoort , MILLER, JOHNSON, SNELL & CUMMISKEY, P.L.C., Grand Rapids, Michigan, for Appellants. Brian C. Toth, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. John M. Groen , Ethan W. Blevins , PACIFIC LEGAL FOUNDATION, Sacramento, California, Steven J. Lechner , MOUNTAIN STATES LEGAL FOUNDATION, Lakewood, Colorado, Robert H. Thomas , DAMON KEY LEONG KUPCHAK HASTERT, Honolulu, Hawaii, Shelley Ross Saxer , PEPPERDINE SCHOOL OF LAW, Malibu, California, C. Thomas Ludden , LIPSON, NIELSON, COLE, SELTZER & GARIN, P.C., Bloomfield Hills, Michigan, for Amici Curiae.

Before: BATCHELDER, ROGERS, and WHITE, Circuit Judges.

OPINION

Twenty-three Michigan landowners filed suit in federal district court seeking compensation in excess of $10,000 for the United States's alleged taking of their land for use as a public recreational trail. The landowners assert that they are entitled to have their claims considered in an Article...

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