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HARDY v. U.S.

2019-1793.

965 F.3d 1338 (2020)

William C. HARDY, Bertie Ann Hardy, Dorothy Schaeffer, Emma Trimble, for themselves and as representatives of a class of similarly situated persons, Plaintiffs-Appellees v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: July 15, 2020.

Attorney(s) appearing for the Case

Thomas Scott Stewart , Stewart Wald & McCulley, LLC, Kansas City, MO, argued for plaintiffs-appellees. Also represented by Elizabeth McCulley.

Erika Kranz , Environment and Natural Resources Division, United States Department of Justice, Washington, DC, argued for defendant-appellant. Also represented by Jeffrey B. Clark , Eric Grant.

Ilya Shapiro , Cato Institute, Washington, DC, for amicus curiae Cato Institute.

Mark F. Hearne, II , True North Law Group, LLC, St. Louis, MO, for amici curiae James W. Ely, Jr., National Association of Reversionary Property Owners, Southeastern Legal Foundation. Also represented by Stephen S. Davis.

Before Newman, Lourie, and Stoll, Circuit Judges.

This appeal concerns alleged takings of land along a railroad corridor in Newton County, Georgia under the National Trails System Act. The Government appeals the United States Court of Federal Claims' conclusion on summary judgment that plaintiffs-appellees have a cognizable property interest in the land at issue. The Government...

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