Henderson County Drainage District No. 3 v. United States

53 Fed. Cl. 48, 2002 U.S. Claims LEXIS 174, 2002 WL 1772972
CourtUnited States Court of Federal Claims
DecidedJuly 30, 2002
DocketNo. 97-821 L
StatusPublished
Cited by11 cases

This text of 53 Fed. Cl. 48 (Henderson County Drainage District No. 3 v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Henderson County Drainage District No. 3 v. United States, 53 Fed. Cl. 48, 2002 U.S. Claims LEXIS 174, 2002 WL 1772972 (uscfc 2002).

Opinion

OPINION AND ORDER

HEWITT, Judge.

This is a suit brought by drainage districts and riparian landowners along the Upper Mississippi River in Illinois and Missouri, where the United States Army Corps of Engineers (Corps) operates and maintains a 9-foot navigation channel (Navigation Project or 9-foot channel). Plaintiffs seek damages for alleged adverse impacts of the Navigation Project on their property on theories of breach of contract and takings. Before the court are the parties’ cross-motions for summary judgment.1 For the following reasons, Plaintiffs’ Motion for Partial Summary Judgment is DENIED on the contract claims, and Defendant’s Motion for Summary Judgment is GRANTED, on the contract claims.2

1. Background

The plaintiff drainage districts were created in 1913 under state authority in Illinois and Missouri, respectively, by farmer landowners along the Mississippi River.3 Corrected Memorandum in Support of Plaintiffs’ Motion for Partial Summary Judgement (Pis.’ Mem.) at 1. The two drainage districts have a statutorily imposed duty to protect the farmland within their borders by building, operating, and maintaining pumps, drainage districts, and drainage diversion channels to remove subsurface waters from those lands. Id. at 1; Corrected Second Amended Complaint (Second Am.Compl.) ¶ 5. The drainage districts also have a statutory obligation to serve their constituent farmers by constructing, operating, and maintaining riverside levees to protect farmlands from periodic flood events on the Mississippi River and its tributaries.4 Pis.’ Mem. at 1; Second Am.Compl. ¶ 5.

The plaintiff landowners are individual owners of farm land within the Henderson District. Second Am.Compl. ¶¶ 4-5, 7. The property interests of the plaintiff landowners are served and protected by the Henderson District. Id. at ¶ 5.

[51]*51By the Rivers and Harbors Act of 1930, Congress authorized the construction of the Navigation Project, a 9-foot navigation channel on the Upper Mississippi River. Defendant’s Memorandum in Support of Motion for Summary Judgment (Def.’s Mem.) at 1, 2. Constructed in the mid-1980s and placed into operation in 1937 and 1938, the 9-foot channel consists of locks and dams that divide the Mississippi River above St. Louis into a series of pools. Id. at 2. Commercial vessels use the Navigation Project to move cargo. Second Am.Compl. ¶ 25. To support commercial river traffic, the Corps maintains a minimum 9-foot channel depth along the length of the waterway using the dams to control pool levels.5 Second Am.Compl. ¶ 26. The Henderson District is located in Illinois and borders the Mississippi River along Pool 18.6 Def.’s Mem. at 2. The Marion District is located in Missouri and borders the Mississippi River “along Pool 22.7 Id.

The 9-foot channel is maintained and operated by the Corps. Second Am.Compl. ¶ 26. The Rock Island District of the Corps, located in Rock Island, Illinois has responsibility for the project from Pools 11 to 22. Def.’s Mem. at 2. The Corps maintains a continuous record of flows and hydrologic conditions in Pools 11 to 22, including data regarding inflows into Pool 11, inflows from tributaries feeding into the Mississippi, and rainfall. Id. at 2.

Beginning in the late 1930s and continuing into the 1950s, the United States made annual payments to fifteen drainage districts along pools created by the 9-foot channel. Second Am.Compl. ¶ 61; Defs Mem. at 3. The payments were “for the additional pumping costs ... incurred [by the drainage districts] due to the higher water stages of the river created by the navigation project.” Second Am.Compl. ¶ 61.

On March 18, 1955, the Secretary of the Army transmitted a report to Congress recommending rectification payments to each district. Def.’s Mem. at 3. In response, Congress authorized payments to the drainage districts with land affected by seep water and increased pumping costs, in exchange for releases waiving future claims arising out of the operation and maintenance of the 9-foot channel. See 33 U.S.C. §§ 610, 633 (2001). Based upon this statutory authority, the Corps forwarded releases to the various drainage districts for signature. Def.’s Mem. at 3. In 1961, both the Henderson District and the Marion District executed releases in exchange for rectification payments.8 Def.’s Mem. at 3.

In 1995, plaintiffs filed this action.9 Second Am.Compl. ¶ 1; Pis.’ Mem. at 4. To resolve several threshold issues, the parties have filed cross-motions for summary judgment.

II. Discussion

A. Standard of Review

Summary judgment is warranted when there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. United States Court of Federal Claims Rule (RCFC) 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 [52]*52(1986). A fact that might significantly affect the outcome of the litigation is material. Anderson, 477 U.S. at 248, 106 S.Ct. 2505. The movant is entitled to summary judgment if the nonmovant fails to make a showing sufficient to establish an element of its case on which it will bear the burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The court must draw all reasonable inferences in favor of the nonmovant. Anderson, 477 U.S. at 255, 106 S.Ct. 2505. When the case is before the court on cross-motions for summary judgment, each motion is evaluated under the same standard. Cubic Defense Sys., Inc. v. United States, 45 Fed.Cl. 450, 457 (1999).

B. Standing of Plaintiff Landowners

The Commissioners of the Henderson County Drainage District and the Supervisors of the Marion County Drainage District, respectively, signed releases in 1961. See Jt.App. at 861, 863. The plaintiff landowners were not signatories. See id. at 861. Nonetheless, the plaintiff landowners argue that, “based upon their status as third party beneficiaries,” see Pls.’ Mem. at 39 (citing Glass v. United States, 258 F.3d 1349, 1352 (Fed.Cir.2001)), they may assert the same claims as the plaintiff drainage districts.

The test for “determining third-party beneficiary status is whether or not the contract reflects the express or implied intention of the parties to benefit the party claiming third-party beneficiary status.” First Hartford Corp. v. United States, 42 Fed.Cl. 599, 605 (1998), rev’d in part on other grounds, 194 F.3d 1279 (1999). The Federal Circuit instructs that “the intended beneficiary need not be specifically or individually identified in the contract, but must fall within a class clearly intended to be benefitted thereby.” Montana v. United States, 124 F.3d 1269, 1273 (Fed.Cir.1997).

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53 Fed. Cl. 48, 2002 U.S. Claims LEXIS 174, 2002 WL 1772972, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henderson-county-drainage-district-no-3-v-united-states-uscfc-2002.