CHILDERS v. U.S.

Nos. 08-1981, 07-4262

NATHAN and DEBORAH CHILDERS, et al., Plaintiffs, v. THE UNITED STATES, Defendant. CALUSA LAKES COMMUNITY ASSOCIATION, et al., Plaintiffs, v. THE UNITED STATES, Defendant.

United States Court of Federal Claims.

July 28, 2014.


Attorney(s) appearing for the Case

NATHAN CHILDERS, Plaintiff, represented by Mark Fernlund Hearne, II , Arent Fox, LLP.

DEBORAH CHILDERS, Plaintiff, represented by Mark Fernlund Hearne, II , Arent Fox, LLP.

A. MERLE CLARK GLUECK TRUST, Plaintiff, represented by Mark Fernlund Hearne, II , Arent Fox, LLP.

JMC REAL ESTATE HOLDINGS, LLC, Plaintiff, represented by Mark Fernlund Hearne, II , Arent Fox, LLP.

DENNIS T. AND MARY ANN MARLIN REVOCABLE TRUSTS, Plaintiff, represented by Mark Fernlund Hearne, II , Arent Fox, LLP.

MISSION VALLEY GOLF AND COUNTRY CLUB, INC., Plaintiff, represented by Mark Fernlund Hearne, II , Arent Fox, LLP.

PALMER RANCH HOLDINGS, LTD, Plaintiff, represented by Mark Fernlund Hearne, II , Arent Fox, LLP.

USA, Defendant, represented by Kristine Sears Tardiff , U. S. Department of Justice..

Mark F. (Thor) Hearne, II , Lindsay S.C. Brinton , and Meghan S. Largent , Arent Fox LLP, Clayton, MO; Debra J. Albin-Riley , Arent Fox LLP, Los Angeles, CA, for Plaintiffs.

Robert G. Dreher and Kristine S. Tardiff , United States Department of Justice, Environment & Natural Resources Division, Concord, NH, for Defendant. Carol L. Draper , Lary C. Larson , and Charlotte M. Youngblood , United States Department of Justice, Environment & Natural Resources Division, Washington, D.C. Of Counsel.


MEMORANDUM OPINION AND ORDER DENYING PLAINTIFFS' MOTION FOR RECONSIDERATION

MARY ELLEN COSTER WILLIAMS, Judge.

This matter comes before the Court on Plaintiffs' "motion under Rule 59 to reconsider and amend opinion and order." In this Fifth Amendment taking(s) case, the Court awarded Plaintiffs compensation in the amount of $5,751,579.73 stemming from the imposition of a recreational trail across their properties pursuant to the Rails-to-Trails Act.

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