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APPLEGATE v. U.S.

No. 93-5180.

25 F.3d 1579 (1994)

Don APPLEGATE and Gayle Applegate (for themselves and a class of others similarly situated, totalling 271), Plaintiffs-Appellants. v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 10, 1994.

Attorney(s) appearing for the Case

Gordon H. Harris, Gray, Harris, Robinson, Kirschenbaum & Peeples, of Cocoa Beach, FL, argued for plaintiffs-appellants. With him on the brief were Jack A. Kirschenbaum and J. Mason Williams, III. Of counsel was G. Robertson Dilg.

Stuart M. Benjamin, Attorney-Advisor, Office of Legal Counsel, Dept. of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Lois J. Schiffer, Acting Asst. Atty. Gen., Environment & Nat. Resources Div., Jacques B. Gelin and Edward J. Passarelli, Attys., Environment & Nat. Resources Div. Also on the brief were Russell W. Petit and John Brady, Office of Counsel, U.S. Army Corps of Engineers, of counsel.

Before MICHEL, PLAGER, and RADER, Circuit Judges.

RADER, Circuit Judge.

A class of 271 landowners (landowners), including the Applegates, filed a complaint in the United States Court of Federal Claims alleging a taking. The trial court dismissed the complaint as barred by the statute of limitations. Applegate v. United States, 28 Fed.Cl. 554 (1993). Because the landowners' claim did not accrue more than six years before its filing, this court reverses and remands for further proceedings.

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