Farmers lawsuit against U.S. Army Corps of Engineers in limbo

Mar 30, 2012

The U.S. Army Corps of Engineers is seeking the dismissal of a lawsuit by more than 140 southeast Missouri farmers over damage caused by last year's intentional breach of a levee at the height of spring flooding.

The Southeast Missourian reports government attorneys filed a motion to dismiss the suit in the U.S. Court of Federal Claims.

The corps’ defense argues the lawsuit fails to state a legitimate claim for relief. It also asserts that because the floodway is rarely intentionally breached, it doesn't constitute a government "taking" of the land.

Cape Girardeau attorney J. Michael Ponder, who represents the farmers, calls the motion nonsense.