Leeth v. United States

OPINION

ROBINSON, Judge:

This case is before the court after a trial of the liability issue and the filing of post-trial briefs by the parties. The amended complaint alleges a taking of plaintiffs’ property under the Fifth Amendment of the U.S. Constitution as a result of flooding of plaintiffs’ land allegedly caused by the backwater effect of the Harry S. Truman Dam and Reservoir at Warsaw, Missouri. Plaintiffs seek damages of $73,000 plus attorneys fees, interest and costs. For the reasons which follow the complaint will be ordered dismissed.

Factual Background

The plaintiffs in this suit are…