|Date:||2 Dec 2002 15:37:43 -0000|
|Subject:||[CPEO-MEF] 2 year statute of limitations|
To all land owners: Be aware that there will be a 2 year statue of limitations on filing a suit if you find the fed's have caused pollution on your property. See The 10th U.S. Circuit Court of Appeals ruling listed below. Jim Oyler >>>>>>>>>>> Army wins federal appeal in Plaza Speedway case 12:18 a.m. 11/29/2002 By Robert Boczkiewicz Special to The Capital-Journal DENVER -- The 10th U.S. Circuit Court of Appeals has overturned a $150,000 award to Plaza Speedway Inc., adjacent to Fort Riley, Kan., for contamination damage by the Army. The court ruled 2-1 on Wednesday that although the race track's groundwater and soil were contaminated by the Army base, the speedway missed by seven weeks the deadline to file a claim. The ruling overturns the award made by Senior U.S. District Judge Wesley E. Brown in Wichita, Kan., when he concluded Fort Riley's negligence was the source of the contamination. Brown said the contamination diminished the value of the property. [THIS ARTICLE CAN BE VIEWED AT: http://www.cjonline.com/stories/113002/kan_plaza.shtml ] ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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