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HAGGART v. UNITED STATES

2021-1660.

38 F.4th 164 (2022)

Daniel HAGGART, Kathy Haggart, Husband and Wife, for Themselves and as Representatives of a Class of Similarly Situated Persons, Gordon Arthur Woodley, Personal Counsel for Kittinger Deed Claimants, Westpoint Properties, LLC, c/o Faramarz Ghoddoussi, Cleveland Square, LLC, Rc Tc Meridian Ridge, LLC, TwoSons LLC, Gretchen Chambers, William Ames, Dennis J. Crispin, Deblois Properties LLC, c/o David and Debra Deblois, Star Evans, Michael B. Jacobsen, Frances Jane Lee, Susan B. Long, Claudia Mansfield, Frederick P. Miller, Susan L. Miller, PBI Enterprises, LLC, Michael G. Russell, Elana Russell, James M. Sather, Kelly J. Sather, James E. Strang, D. Michael Young, Julia H. Young, Molly A. Jacobsen, Leslie Milstein, Alison L. Webb, Patricia Strang, Plaintiffs, Denise Lynn Woodley, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: June 22, 2022.

Attorney(s) appearing for the Case

Gordon Arthur Woodley , Bellevue, WA, argued for plaintiff-appellant.

Brian C. Toth , Environment and Natural Resources Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by Todd Kim .

Before Prost, Reyna, and Taranto, Circuit Judges.

In 2009, the United States Court of Federal Claims (Claims Court) certified a class of landowners seeking just compensation from the United States under the Fifth Amendment to the Constitution for what they alleged was a government taking of their property. Two of the class members are spouses Denise and Gordon Woodley, who...

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