David M. Brown and Carolyn W. Brown v. United States

PLAGER, Circuit Judge.

This case involves the impact of noise from aircraft overflights, and arises under the takings clause of the Fifth Amendment. 1 In their complaint to the Court of Federal Claims, David and Carolyn Brown alleged that noise from low overflights by United States Air Force planes constituted a taking of their property, and that just compensation was due. The Government moved for summary judgment that, as a matter of law, the Browns could not recover. In addition to opposing the Government’s motion for summary judgment, the Browns argued that undisputed evidence showed that…