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
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…
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- United States v. DowSupreme Court of the United States · 1958
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