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Real Property
Eminent Domain
Declaration of Protective Covenants

Stephen J. Rogers, et al. v. United States

Published: Jan. 4, 2014 | Result Date: Feb. 19, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 10-200L Bench Decision –  Dismissal

Facts

Peter and Bernadette Calamaras were members of the Silver Oak Neighborhood Association (SONA). TIn 1999, the Calamaras acquired property in Silver Oak, a gated residential development in Florida. In 2004, the U.S. government decided to convert an abandoned railroad corridor that was adjacent to Silver Oak into a recreational trail. In 2009, the U.S. Court of Federal Claims held that the government was liable for a taking, and landowners who owned property abutting the railroad were entitled to just compensation.

However, the Calamaras didn't own land abutting the railroad corridor. Instead, they claimed that they were entitled to compensation only as members of SONA, who had a membership interest in Silver Oak's common areas.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiffs argued that they did have standing, and that SONA had title to the common areas of Silver Oak in 2004, when the taking took place.

DEFENDANT'S CONTENTIONS:
Defendants argued that plaintiffs lacked standing, so the case had to be dismissed. They argued that SONA had no property interest in the common areas in 2004, because Silver Oak Development later transferred those areas to them.

Result

The court granted defendant's motion to dismiss the Calamaras' claim.


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