United States v. 2.5 Acres of Land, San Bernardino, California, and Donald Harry Mills

953 F.2d 1389 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. 2.5 ACRES OF LAND, SAN BERNARDINO, CALIFORNIA, Defendant, and Donald Harry Mills, Defendant-Appellant. No. 90-55454. United States Court of Appeals, Ninth Circuit. Submitted Jan. 10, 1992. * Decided Jan. 29, 1992. Before FARRIS, NOONAN and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 The United States brought an eminent domain action to acquire 2.5 acres of land owned by Donald H. Mills. Mills claimed his land was part of an airpark, and later claimed his land was itself an airport. The district court rejected both of these claims in a partial summary judgment for the government, and excluded from evidence any material tending to substantiate the claims. The jury awarded Mills $70,000 as just compensation for the taking. Mills appeals. We affirm. 3 * Mills appeals the district court's grant of partial summary judgment for the government. We review de novo a grant of…