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NE 32ND STREET, LLC v. U.S.

No. 17-11908.

896 F.3d 1240 (2018)

NE 32ND STREET, LLC, c/o Mr. William Swain as agent FOR the FRANK SAWYER REVOCABLE TRUST, 5455 Via Delray, Delray Beach, FL 33484, as agent for the Frank Sawyer Revocable Trust, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 23, 2018.

Attorney(s) appearing for the Case

Andrew Bruce Blasi , Robin I. Frank , Lori L. Heyer-Bednar , Shapiro Blasi Wasserman & Hermann, PA, 7777 Glades Rd. Ste. 400, Boca Raton, Fl 33434, for Plaintiff-Appellant.

Anthony Erickson-Pogorzelski , Daniel Matzkin , Emily M. Smachetti , U.S. Attorney Service — Southern District of Florida, 99 NE 4th St., 5th Fl., Miami, FL 33132-2111, for Defendant-Appellee.

Before WILLIAM PRYOR and MARTIN, Circuit Judges, and HALL, District Judge.

This appeal requires us to decide whether a conservation restriction imposed in 2013 on a property owned by the Frank Sawyer Revocable Trust restarted the 12-year statute of limitations of the Quiet Title Act, 28 U.S.C. § 2409a, so that NE 32nd Street, LLC, as agent for the trust, can sue to extinguish a spoilage...

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