United States Federal Circuit

Dismissal of an action brought by plaintiffs, thirty-seven lakefront property owners seeking just compensation under the Fifth Amendment of the U.S. Constitution for a partial physical taking of their respective properties by the United States Army Corps of Engineers, is reversed and remanded, where the Court of Federal Claims: 1) violated this court's mandate in Banks v. US (Banks II) regarding its reconsideration of when plaintiffs' claims accrued for the purposes of subject matter jurisdiction; and 2) clearly erred in finding that plaintiffs knew or should have known of their claims before 1952.

Appellate Information

• Decided 01/28/2014
• Published 01/28/2014

Judges

• WALLACH

Court

• United States Federal Circuit

Counsel