United States Federal Circuit

Plaintiffs' takings claims, arising from Army Corps of Engineers construction and maintenance of jetties, were not barred by the statute of limitations because plaintiffs remained uncertain as to the permanent nature of the taking until the Corps reported that erosion was permanent and irreversible.

Appellate Information

• Decided 01/02/2003
• Published 01/02/2003

Judges

• LINN, Circuit Judge., Before MAYER, Chief Judge, RADER, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• John B. Ehret, of Olympia Fields, Illinois, argued for plaintiffs-appellants.


• For Appellees:
  
• Jeffrey Bossert Clark, Attorney, Environment & Natural Resources Division, Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Thomas L. Sansonetti, Assistant Attorney General;  Alan Brenner, and Kathryn E. Kovacs, Attorneys.  L. Anthony Pellegrino, Assistant Counsel for Litigation, Army Corps of Engineers, Washington, DC. Of counsel was Sandra Slack Glover, Attorney, Environment & Natural Resources Division, Department of Justice, Washington, DC.