Neal Turner, Jimmy Crane, Johnny Crane, and Edwin Jerry Wilburn v. The United States

BENNETT, Senior Circuit Judge.

This appeal is from the August 24, 1989, order of the United States Claims Court granting summary judgment for the defendant. 17 Cl.Ct. 832 (1989). We reverse and remand.

BACKGROUND

The appellants (collectively “Turner” or “plaintiffs”) filed suit in the Claims Court seeking just compensation under the Fifth Amendment for flooding that occurred to their property. The plaintiffs’ property is located in Mississippi along a creek known as the Twenty Mile Channel. The creek empties into the Tombigbee River at a point adjacent to their property. The Tom-bigbee River is…