Free Joint Status Report - District Court of Federal Claims - federal

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS APACHE APARTMENT OF OWATONA ET AL., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) )

No. 96-700C (Judge Block)

JOINT STATUS REPORT Pursuant to this Court's order, as entered in the electronic docket on October 1, 2003, the parties respectfully submit the following joint status report regarding the final resolution of the appeal in Cienega Gardens v. United States, 02-5050 (Fed. Cir.). The United States Court of Appeals for the Federal Circuit issued its decision in Cienega Gardens on June 12, 2003.1 F.3d 1319 (Fed. Cir. 2003). 331

In its decision, the Federal Circuit

reversed the Court of Federal Claims's grant of summary judgment for the Government, holding that the four "model plaintiffs" had suffered a compensable, temporary, regulatory taking. at 1319. 331 F.3d

The Federal Circuit remanded the regulatory takings

claims of the 38 non-model plaintiffs to the trial court for

On the same day, the Federal Circuit issued its decision in the related case of Chancellor Manor v. United States, 025066.

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Case 1:96-cv-00700-LB

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application of the Penn Central2 factors, upon further development of the factual underpinnings of the case, and to rule on liability, and if liability is found, also on damages. F.3d at 1319. The Federal Circuit denied the Government's 331

petition for panel rehearing, by order dated September 26, 2003, and issued its mandate of its decision on November 5, 2003. Government must file its petition for a writ of certiorari, should it decide to pursue such, no later than December 26, 2003. As a result of these developments, the parties respectfully request that the Court allow them to file a joint status report, within the next 45 days, in which the parties will propose a schedule for further proceedings in this matter. Prior to filing this JSR, Mr. Eckland read this JSR. Mr. Eckland consents to the electronic filing of this JSR. The

Penn Cent. Tranp. Co. v. City of New York, 438 U.S. 104, 124 (1978). 2

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

/s/Jeff H. Eckland Jeff H. Eckland, Esq. FAEGRE & BENSON, LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402

/s/Brian M. Simkin BRIAN M. SIMKIN Assistant Director

/s/Virginia G. Farrier VIRGINIA G. FARRIER Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel. (202) 307-6289 Fax (202) 514-7969 Email: [email protected] Attorney for Plaintiffs DATE: December 3, 2003 Attorneys for Defendant DATE: December 5, 2003

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CERTIFICATE OF FILING I hereby certify that on December 5, 2003, a copy of foregoing JOINT STATUS REPORT was filed electronically. I

understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. may access this filing through the Court's system. Parties

/s/ Virginia G. Farrier Virginia G. Farrier