Ellamae Phillips Co. v. United States
Court of Appeals for the Federal Circuit
1Opinion of the Court
LOURIE, Circuit Judge.
The government appeals from the judgment of the United States Court of Federal Claims granting summary judgment, holding that the conversion of land to a public trail was a taking. See Ellamae Phillips Co. v. United States, 77 Fed.Cl. 387 (2007) (“Summary Judgment Opinion ”). The court certified its opinion for interlocutory appeal, and we granted the government’s petition for permission to appeal. See Ellamae Phillips Co. v. United States, No. 04-1544L (Fed.Cl. Dec. 21, 2007) (“Certifying Order”); Ellamae Phillips Co. v. United States, 267 Fed.Appx. 943 (Fed.Cir.2008)…
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