Berenholz v. United States

OPINION

COLAIANNI, Judge:

Plaintiffs in this action are owners of a parcel of land situated adjacent to Lake Erie in Monroe County, Michigan, just north of the village of Estral Beach, Michigan. Plaintiffs seek to recover for the loss of their land due to erosion and flooding allegedly caused by defendant’s actions. Defendant, through the Army Corps of Engineers, removed a 35-ft. section of the dike protecting plaintiffs’ property from Lake Erie in order to transport equipment across plaintiffs’ land to effect emergency repairs on a dike protecting the north border of the village of Estral…