Legal Opinion

Don Applegate and Gayle Applegate (For Themselves and a Class of Others Similarly Situated, Totalling 271) v. United States

Court of Appeals for the Federal Circuit

Decided June 10, 1994No. 93-5180PublishedCited by 83 opinions

1Opinion of the Court

RADER, Circuit Judge.

A class of 271 landowners (landowners), including the Applegates, filed a complaint in the United States Court of Federal Claims alleging a taking. The trial court dismissed the complaint as barred by the statute of limitations. Applegate v. United States, 28 Fed.Cl. 554 (1993). Because the landowners’ claim did not accrue more than six years before its filing, this court reverses and remands for further proceedings.

BACKGROUND

During the 1950s, the Army Corps of Engineers (Corps) undertook the Canaveral Harbor project. The River and Harbor Act of 1945, Pub.L. No. 79-14, 59…

2Cases cited19 opinions

  1. Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
  2. First English Evangelical Lutheran Church v. County of Los AngelesSupreme Court of the United States · 1987
  3. Preseault v. Interstate Commerce CommissionSupreme Court of the United States · 1990
  4. United States v. DickinsonSupreme Court of the United States · 1947
  5. United States v. DowSupreme Court of the United States · 1958

14 more not listed; retrieve them via the Exa API.

3Cited by83 opinions

  1. Caldwell, Iii v. United StatesCourt of Appeals for the Federal Circuit · 2004
  2. Banks v. United StatesCourt of Appeals for the Federal Circuit · 2014
  3. Boling v. United StatesCourt of Appeals for the Federal Circuit · 2000
  4. Barclay v. United StatesCourt of Appeals for the Federal Circuit · 2006
  5. Alaska v. United StatesUnited States Court of Federal Claims · 1995

78 more not listed; retrieve them via the Exa API.

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