Banks v. United States

OPINION AND ORDER

HEWITT, Judge.

I. Background2

Plaintiffs are the owners of property in Michigan “along a four and one-half mile stretch of the eastern shoreline of Lake *525Michigan south of St. Joseph Harbor.” Banks v. United States, 314 F.3d 1304, 1306 (Fed.Cir.2003) (Banks II); Banks v. United States, 62 Fed.Cl. 778, 778 (2004) (Banks III). Plaintiffs allege that the United States Army Corps of Engineers (Corps), by its construction and maintenance of certain jetties at St. Joseph Harbor, has effected a physical taking of plaintiffs’ shoreline property. Banks III, 62 Fed.Cl. at 778-79.…