United States Federal Circuit

In a case involving a conflict between a state commission's duty to maintain a natural preserve and the government's responsibility to maintain year-round riparian navigation, dismissal of a takings claim brought by the commission against the government as filed after the statute of limitations is reversed where certain growth of vegetation was a slow natural process that had not stabilized to cause the taking claim to accrue until at least 1997.

Appellate Information

• Decided 05/02/2006
• Published 05/02/2006

Judges

• Before, NEWMAN, LOURIE, and RADER, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• William P. Crews, Jr., of Natchitoches, Louisiana, for plaintiff-appellant.


• For Appellees:
  
• David F. Shuey, Attorney, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, for defendant-appellee.   With him on the brief were Kelly A. Johnson, Acting Assistant Attorney General, and Matthew S. Clifford and Katherine J. Barton, Attorneys.