Kingsport Horizontal Property Regime v. United States

DECISION ON REMAND

WIESE, Judge.

This decision follows an order of remand issued by the Federal Circuit in Boling v. United States, 220 F.3d 1365 (Fed.Cir.2000). In that decision, the Court of Appeals for the Federal Circuit set forth the standard for determining the date of accrual for claims arising from on-going erosion damage to private property located on a government-constructed waterway. This court was in turn charged with making the factual determinations necessary for the application of that standard.

After reviewing the transcript and the accompanying exhibits from the trial held in…