2002 CPEO Military List Archive

From: UTOSI-Hdqrs@kc.rr.com
Date: 2 Dec 2002 15:37:43 -0000
Reply: cpeo-military
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.

http://www.cjonline.com/stories/113002/kan_plaza.shtml ]

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