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TRI-STATE MATERIALS CORP. v. UNITED STATES

No. 119-73.

550 F.2d 1 (1977)

TRI-STATE MATERIALS CORPORATION et al. v. The UNITED STATES.

United States Court of Claims.

February 23, 1977.

Attorney(s) appearing for the Case

John P. Arness, Washington, D.C., attorney of record for plaintiffs. George W. Miller, Gail Starling Marshall, Dwight D. Meier, Washington, D.C., and Rudolph Janata, Columbus, Ohio, of counsel.

Hubert M. Crean, Washington, D.C., with whom was Asst. Atty. Gen. Peter R. Taft, Washington, D.C., for defendant.

Before SKELTON, KUNZIG and BENNETT, Judges.

ON PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT

KUNZIG, Judge:

This case, before us on plaintiffs' motion for summary judgment, presents a novel question. If the Government builds a dam with intent to enhance a waterway's navigability, and in so doing raises the water table of land lying outside its bed to a level where drainage is restricted and subterranean flooding results causing economic loss to the landowner, is the loss compensable as a Fifth Amendment...

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