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BOLING v. U.S.

No. 99-5025.

220 F.3d 1366 (2000)

W. Frank BOLING, W.E. Gore, Jr., George Rayford Vereen, Hope Willard, in their behalf and on behalf of all other persons similarly situated; William D. Boling, individually, William D. Boling, as Trustee of the Agnes T. Boling Living Trust, and W. Frank Boling; Loy Ree B. Ballam; Clifton Bellamy; Beachwood Golf Corporation; Robert T. Darden, Sr., Mildred C. Darden, Danny Ross Moore, Sr., Martha R. Moore; Frank B. Clare, individually, Frank B. Clare, as personal representative of the Estate of Shelley S. Edmondson, Frank B. Clare as personal representative of the Estate of Louise Edmondson, and Frank B. Clare as personal representative of the Estate of Shirley E. Clare, Samuel L. Owenby, Donna K. Owenby; Elbert Powell, Dale Powell; Nathalie Flowers Edge, Hilburn Edge; John E. Batten, III, Donna A. Batten; H.F. Bell, Joseph E. Bell, L.J. Bell, Ralph C. Bell, Retha C. Bell, Clarice B. Ritter, Doris B. Gump, Esther B. Boyd, Loy Ree B. Ballam; L.J. Bell, J.B. Johnson, as personal representatives of the Estate of C.H. Permenter, Jr. and Louise L. Permenter; Herbert Cecil Ward, William M. Ward, Linda W. Funderburk; George R. Vereen; Hope Willard, Gerald Dennis Neeley and James Faircloth, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 10, 2000.

Attorney(s) appearing for the Case

Thornwell F. Sowell, Sowell Todd Laffitte Beard & Watson, L.L.C., of Columbia, South Carolina, argued for plaintiffs-appellants. With him on the brief was Carey T. Kilton. Of counsel on the brief were H.F. Bell, of Chesterfield, South Carolina, and Newman Jackson Smith, Nelson Mullins Riley & Scarborough, L.L.P., of Charleston, South Carolina.

Steve C. Gold, Attorney, Appellate Section, Environment and Natural Resources Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Lois J. Schiffer, Assistant Attorney General, John T. Stahr, Attorney, Appellate Section, and Alan Brenner, Attorney, General Litigation Section. Of counsel on the brief were Franklin Jordan and John Kassebaum, District Counsel, U.S. Army Corps of Engineers, of Charleston, South Carolina.

Before LOURIE, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and GAJARSA, Circuit Judge.

GAJARSA, Circuit Judge.

DECISION

The plaintiffs appeal the decision of the United States Court of Federal Claims in which fifteen of the plaintiffs' cases were dismissed as time-barred. Because the Court of Federal Claims erred by applying the incorrect legal standard for determining when the claims accrued, we vacate and remand.

BACKGROUND

The Atlantic Intracoastal Waterway runs along the eastern seaboard, and generally follows natural...

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