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IDEKER FARMS, INC. v. UNITED STATES

2021-1849, 2021-1875.

71 F.4th 964 (2023)

IDEKER FARMS, INC., Robert Adkins, Jr., Robert Adkins, Sr., Estate of Betty Adkins, Estate of Robert Adkins, Sr., Ken Adkins, dba Robert Adkins & Sons Partnership, Gerald Schneider, dba Buffalo Hollow Farms, Inc., Plaintiffs-Cross-Appellants, Lynn Binder, Elaine Binder, Todd Binder, April Binder, Tyler Binder, Valerie Binder, Richard Binder, Dustin Binder, Darwin Binder, dba Midwest Grain Co., Eddie Drewes, Robert W. Drewes Revocable Trust, Rita K. Drewes Revocable Trust, David Drewes, Individually and, dba Drewes Farms, Inc., Patrick Newlon, dba Newlon Farms, Inc., David Newlon, dba D Double N Farms, Inc., Jason Taylor, Brad Taylor, dba H.B.J. Farms, Inc., Lyle Hodde, dba Hodde & Sons Limited Partnership, Steve Cunningham, Trustee of The Doris J. Cunningham and Steven K. Cunningham Declaration of Trust, Gail Cunningham, dba Cunningham Farms, Inc., Charles Garst, Individually and, dba Garst Farms, Inc., Connie Garst, dba Garst Farms, Inc., Ron Schneider, Mary Schneider, et al., Plaintiffs, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: June 16, 2023.

Attorney(s) appearing for the Case

Donald B. Verrilli, Jr. , Munger, Tolles & Olson LLP, Washington, DC, argued for plaintiffs-cross-appellants. Also represented by Elaine Goldenberg , Dahlia Mignouna ; Benjamin Joseph Horwich , San Francisco, CA; Seth C. Wright , Polsinelli, PC, Kansas City, MO.

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

David Chung , Crowell & Moring LLP, for amicus curiae American Farm Bureau Federation. Also represented by Elizabeth Dawson .

Trevor Caldwell Burrus , Cato Institute, for amici curiae Cato Institute, Mountain States Legal Foundation. Also represented by Joseph Bingham , Mountain States Legal Foundation, Lakewood, CO; Ilya Shapiro , Manhattan Institute, New York, NY.

Jeremy Charles Marwell , Vinson & Elkins LLP, Washington, DC, for amicus curiae Chamber of Commerce of the United States of America.

Jay R. Carson , Wegman Hessler, Cleveland, OH, for amicus curiae Buckeye Institute.

Before Moore, Chief Judge, Prost and Taranto, Circuit Judges.

Plaintiffs brought this action against the United States under the Fifth Amendment seeking compensation for the Army Corps of Engineers' (Corps) alleged taking of their farmlands and personal property by permanent, recurring flooding. The Court of Federal Claims determined there was...

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