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FRETT v. U.S.

Nos. 05-1353 L, 99-4451 L, 99-4452 L, 99-4453 L, 99-4454 L, 99-4455 L, 99-4456 L, 99-4457 L, 99-4458 L, 99-4459 L, 99-44510 L, 99-44511 L, 99-44512 L,, 00-365 L, 00-379 L, 00-380 L, 00-381 L, 00-382 L, 00-383 L, 00-384 L, 00-385 L, 00-386 L, 00-387 L, 00-388 L, 00-389 L, 00-390 L, 00-391 L, 00-392 L, 00-393 L, 00-394 L, 00-395 L, 00-396 L, 00-398 L, 00-399 L, 00-400 L, 00-401 L, 05-1353 L, 05-1381 L, 06-72 L

EUGENE J. FRETT, Individually and as Trustee of the Victor J. Horvath and Frances B. Horvath Trust, Plaintiff, v. THE UNITED STATES, Defendant. JOHN H. BANKS, ET AL., Plaintiffs, v. THE UNITED STATES, Defendant.

United States Court of Federal Claims.

December 22, 2011.

Attorney(s) appearing for the Case

Mark E. Christensen , Chicago, IL, with whom was John B. Ehret , Olympia Fields, IL, and with whom at trial was Katherine A. Jones , Chicago, IL, for plaintiffs in No. 99-4451 L. Eugene J. Frett, Chicago , IL, pro se in No. 05-1353 L.

Terry M. Petrie , Environment and Natural Resources Division, United States Department of Justice, Denver, CO, with whom was Ignacia S. Moreno , Assistant Attorney General, and with whom at trial was Mark S. Barron , Trial Attorney, Environment and Natural Resources Division, United States Department of Justice, Washington, DC, for defendant. Gary W. Segrest and Don C. Erwin , Office of Counsel, United States Army Corps of Engineers, Detroit, MI, of counsel.

OPINION1

EMILY Y. HEWITT, Chief Judge.

This is an action for just compensation filed by owners of property along the eastern shore of Lake Michigan. Plaintiffs' properties are located along an area of the shoreline that erodes naturally, but allege that the government's construction and maintenance of a pair of jetties effected a taking by speeding the erosion of their properties.

This Opinion addresses a jurisdictional...

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