Bethel Inv. Co. v. City of Hampton

OPINION BY Senior Justice CHARLESS. RUSSELL.

This appeal requires us to consider whether a party to litigation in which the statute of limitations is at issue is entitled to a jury trial upon the preliminary issue of fact as to when the statute began to run.

Facts and Proceedings

In the mid-1990's, the City of Hampton (the City) made plans for the development of a 470-acre industrial and commercial park as an enhancement to its tax base. A part of this plan entailed filling in an area then classified as wetlands by the U.S. Army Corps of Engineers (the Corps). The City and the Corps entered into…