Linda Vaizburd and Arkady Vaizburd v. United States

I agree with and join the Background section and Parts I and II.A of the court’s opinion, which uphold the Court of Federal Claims’ “conclusion that the sand accretion did not diminish the market value of the Vaizburds’ property [as] not clearly erroneous.” See Vaizburd v. United States, 57 Fed.Cl. 221, 233 (2003). I disagree, however, with the ruling in Part II.B that remands the case to that court to determine whether the Vaizburds can recover just compensation based on the cost of removing the sand from lot 3. I would affirm the judgment of the Court of Federal Claims in its entirety.

As…