Kappes v. Village of Moscow, Unpublished Decision (5-4-1998)

OPINION

In 1976, the village of Moscow in Clermont County, Ohio, ("village") entered into an agreement ("agreement") with the United States ("Government"). Under the agreement the U.S. Army Corps of Engineers ("Corps") was to "establish and conduct a national stream bank erosion prevention and control demonstration program" ("project"). For its part, the village agreed to fulfill certain requirements, including: 1) providing the Government with "all lands, easements, and rights-of-way necessary" to construct and operate the project; and (2) "[o]perat[ing] and maintain[ing] the project upon…