Applegate v. United States

OPINION

NETTESHEIM, Judge.

This case is before the court after argument on defendant’s motion to dismiss for lack of subject matter jurisdiction due to the bar of the six-year statute of limitations. Plaintiffs sue under the fifth amendment to the United States Constitution seeking recovery of compensation for erosion and flood damage to their properties allegedly caused by the Army Corps of Engineers (the “Corps”) in constructing and maintaining a harbor project. Plaintiffs also pray for an injunction requiring the building and operation of a sand transfer facility or, in the alternative, an…