Mason v. United States

OPINION

NETTESHEIM, Judge.

This case is before the court after trial limited, pursuant to RCFC 42(c), to the issue of whether plaintiffs’ complaint is barred by the six-year statute of limitations imposed by 28 U.S.C. § 2501 (1988). At issue is plaintiffs’ knowledge, actual or constructive, of erosion damage to their land allegedly caused by the construction of dams by the Army Corps of Engineers on the Ohio River. Plaintiffs filed their complaint in the United States Claims Court, now the Court of Federal Claims, on December 20, 1991. Therefore, plaintiffs’ claim must have accrued on or after…