Mackin

MEMORANDUM **

In this 42 U.S.C. § 1983 takings action, Plaintiffs Mackin, Delaney, Nash, Cliff, Frank, Wilke, Barclay, and Kettel (“the Homeowners”) appeal the summary judgment grant in favor of the City of Coeur d’Alene (“the City”). In a prior quiet title action, the City sought declaratory relief and a preliminary injunction to establish the ordinary high water mark of the Lake Coeur d’Alene, which under state law serves as the boundary between the Homeowners’ property and the state-owned beach. The Homeowners argue that they are entitled to compensation for a temporary partial loss of their property occurring during the five months a court-ordered preliminary injunction was in effect.

The Takings Clause of the Fifth Amendment prohibits the government from taking “private property ... for public use, without just compensation.” U.S. Const, amend. V. This clause prohibits “[gjovernment from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole.” Penn. Cent. *295 Transp. Co. v. City of New York, 438 U.S. 104, 123 , 98 S.Ct. 2646 , 57 L.Ed.2d 631 (1978) (quoting Armstrong v. United States, 364 U.S. 40, 49 ,…