(U.S. Supreme Court)

We represented a group of Michigan property owners in this Trails Act taking case, concurrently filed in both the U.S. District Court for the Western District of Michigan and the U.S. Court of Federal Claims, challenging the Tucker Act’s prohibition on filing taking cases against the United States over $10,000 in an Article III court with the right to trial by jury. 

The landowners petitioned for Supreme Court review and were supported by multiple amici curiae briefs filed by eminent property rights organizations and scholars, including the Cato Institute, NFIB Small Business Legal Center, Pacific Legal Foundation, National Association of Reversionary Property Owners, Property Rights Foundation of America, Pioneer Institute, Southeastern Legal Foundation, American Civil Rights Union, Reason Foundation, Mountain States Legal Foundation, and Law Professors James W. Ely, Jr., and Shelley Ross Saxer.