Late Friday the Federal Circuit released three nonprecedential orders dismissing appeals. Today the Federal Circuit released two precedential opinions. One comes in a veterans case. The other comes in a rails-to-trails takings case. Here are the introductions to the opinions and links to the dismissals.
Amezquita v. Collins (Precedential)
Edward Amezquita appeals a final decision of the U.S. Court of Appeals for Veterans Claims (“Veterans Court”) denying service connection for his left shoulder disability. Amezquita v. McDonough, No. 21-7904, 2023 WL 2398057 (Vet. App. March 8, 2023) (“Decision”). For the reasons set forth below, we affirm in part and dismiss in part.
ATS Ford Drive Investment, LLC v. Godby Properties, LP (Precedential)
This appeal originates from a rails-to-trails conversion in Indiana. Plaintiffs-Appellants are a group of landowners who own land adjacent to, and purportedly underlying, the former Indiana Nickel Plate Line. Plaintiffs sued the United States in the Court of Federal Claims seeking compensation for an alleged taking arising from the operation of the National Trails System Act Amendments of 1983 (“Trails Act”), 16 U.S.C. § 1247(d). Specifically, Plaintiffs alleged that the issuance of Notices of Interim Trail Use (“NITUs”) constituted a Fifth Amendment taking. The Court of Federal Claims rejected Plaintiffs’ request to certify a question to the Indiana Supreme Court, held that Plaintiffs lacked a compensable property interest, and granted summary judgment to the United States. See ATS Ford Drive Invest., LLC v. United States, 156 Fed. Cl. 397, 406, 418–19 (2021) (“Decision”). We affirm.