JOHNSON v. CITY OF SHOREWOOD, MINNESOTA

Nos. 02-3562, 02-4081, 03-2023.

360 F.3d 810 (2004)

Ronald Richard JOHNSON; Dee Lundberg Johnson, Plaintiffs/Appellants, v. CITY OF SHOREWOOD, MINNESOTA; City of Minnetonka, Minnesota, and its Mayor in her official capacity; Riley-Purgatory-Bluff Creek Watershed District, and the Chair of its Board of Managers in his official capacity; Trivesco, a partnership, and its partners; Robert H. Mason, Inc., a corporation; Highland Properties, Inc., a corporation; Steiner & Koppelman, Inc., a corporation; Highland Villa Builders, Inc., a corporation; United States of America; Corps of Engineers, being sued as the Corps of Engineers of the United States; Louis Caldera, The Honorable, Secretary of the United States Army in his/her official capacity or his successor; Joseph N. Ballard, Lt. General, the Commander-in-Chief of the Corps of Engineers of the United States in his/her official capacity, Defendants/Appellees. Ronald Richard Johnson; Dee Lundberg Johnson, Plaintiffs/Appellees, v. City of Shorewood, Minnesota; Defendant/Appellant, City of Minnetonka, Minnesota, and its Mayor in her official capacity; Riley-Purgatory-Bluff Creek Watershed District, and the Chair of its Board of Managers in his official capacity; Trivesco, a partnership, and its partners; Robert H. Mason, Inc., a corporation; Steiner & Koppelman, Inc., a corporation; United States of America; Corps of Engineers, being sued as the Corps of Engineers of the United States; Louis Caldera, The Honorable, Secretary of the United States Army in his/her official capacity or his successor; Joseph N. Ballard, Lt. General, the Commander-in-Chief of the Corps of Engineers of the United States in his/her official capacity; Highland Properties, Inc., a corporation; Highland Villa Builders, Inc., a corporation, Defendants/Appellees. Ronald Richard Johnson; Dee Lundberg Johnson, Plaintiffs/Appellants, v. City of Shorewood, Minnesota; and its Mayor in his official capacity; City of Minnetonka, Minnesota, and its Mayor in her official capacity; Riley-Purgatory-Bluff Creek Watershed District, and the Chair of its Board of Managers in his official capacity; Trivesco, a partnership, and its partners; Robert H. Mason, Inc., a corporation; Highland Properties, Inc., a corporation; Steiner & Koppelman, Inc., a corporation; Highland Villa Builders, Inc., a corporation; United States of America; Corps of Engineers, being sued as the Corps of Engineers of the United States; The Honorable Louis Caldera, Secretary of the United States Army in his/her official capacity or his successor; Lt. General Joseph N. Ballard, the Commander-in-Chief of the Corps of Engineers of the United States in his/her official capacity, Defendants/Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 5, 2004.


Attorney(s) appearing for the Case

Erick G. Kaardal, argued, Minneapolis, Minnesota, for appellants/cross-appellees.

George C. Hoff, argued, Eden Prairie, Minnesota, (Kimberly B. Kozar, on the brief), for appellee/cross-appellant City of Shorewood.

Joseph N. Ballard, Louis Caldera, argued, Corps of Engineers, United States, Patricia R. Cangemi, Assistant U.S. Attorney, Minneapolis, Minnesota (Thomas B. Heffelfinger, on the brief).

Christopher Scott Hayhoe, argued, Minneapolis, Minnesota, for appellees Highland Villa and Highlan Properties.

Before LOKEN, Chief Judge, WOLLMAN, and HANSEN, Circuit Judges.


WOLLMAN, Circuit Judge.

This appeal represents the continuation of Ronald and Dee Johnson's multi-year litigation over a 20-acre parcel of land they own in Hennepin County, Minnesota. After pursuing several state court actions during the 1990s, the Johnsons brought this suit in federal court against the cities of Shorewood and Minnetonka, Minnesota, the Riley-Purgatory-Bluff Creek Watershed District (Watershed District), various

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