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MEMMER v. UNITED STATES

2021-2133, 2021-2220.

50 F.4th 136 (2022)

Jeffrey MEMMER, Gilbert Effinger, Larry Goebel, Susan Goebel, Owen Halpeny, Joseph Jenkins, Michael Martin, Rita Martin, McDonald Family Farms of Evansville, Inc., Reibel Farms, Inc., James Schmidt, Robin Schmidt, Plaintiffs-Appellants v. UNITED STATES, Defendant-Cross-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: September 28, 2022.

Attorney(s) appearing for the Case

Thomas Scott Stewart , Stewart Wald & McCulley, LLC, Kansas City, MO, argued for plaintiffs-appellants. Also represented by Elizabeth McCulley ; Steven Wald , St. Louis, MO.

Daniel Halainen , Environment and Natural Resources Division, United States Department of Justice, Washington, DC, argued for defendant-cross-appellant. Also represented by Todd Kim .

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

Before Lourie, Schall, and Reyna, Circuit Judges.

Jeffrey Memmer and the eleven other plaintiffs-appellants in this case (collectively, "Appellants" or "landowners") own property in the state of Indiana. In February of 2014, they brought suit in the United States Court of Federal Claims, seeking compensation for an alleged taking arising from the operation of § 8(d)...

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