Reed Island-MLC, Inc. v. United States

67 Fed. Cl. 27, 35 Envtl. L. Rep. (Envtl. Law Inst.) 20155, 2005 U.S. Claims LEXIS 214, 2005 WL 1712462
CourtUnited States Court of Federal Claims
DecidedJuly 22, 2005
DocketNo. 04-1130L
StatusPublished
Cited by19 cases

This text of 67 Fed. Cl. 27 (Reed Island-MLC, Inc. 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
Reed Island-MLC, Inc. v. United States, 67 Fed. Cl. 27, 35 Envtl. L. Rep. (Envtl. Law Inst.) 20155, 2005 U.S. Claims LEXIS 214, 2005 WL 1712462 (uscfc 2005).

Opinion

OPINION AND ORDER

LETTOW, Judge.

Reed Island-MLC, Inc. (“Reed MLC”) owns a portion of Reed Island located in the St. Johns River at Jacksonville, Florida. In its complaint, filed on July 8, 2004, Reed MLC alleges that munitions-handling operations conducted by the United States Marine Corps (“Marine Corps”) at nearby Blount Island imposed a restriction on the use of Reed MLC’s property and caused Reed MLC to cease developmental activities on its property from 1998 into 2001. Compl. ¶¶ 2, 9-19. Reed MLC avers that the actions by the Marine Corps constituted a temporary taking of its property without just compensation in contravention of the Fifth Amendment to the Constitution. Compl. 111125-27. The government answered the complaint on October 22, 2004, and, among other things, put forward a defense based upon the applicable statute of limitations, 25 U.S.C. § 2501.1 Subsequently, the government [29]*29moved for judgment on the pleadings based upon this defense. The thrust of the government’s motion is that Reed Island knew of, and was subject to, the pertinent restriction on the use of its property more than six years prior to filing its claim. The question presented by this case is when a claim for temporary taking accrues for purposes of the statute of limitations applicable in this court.

After briefing, a hearing was held on the government’s motion for judgment on May 23, 2005. Thereafter, at the court’s request, the parties filed supplemental briefs respecting the applicability vel non of Creppel v. United States, 41 F.3d 627 (Fed.Cir.1994) (holding, among other things, that the statute of limitations begins to run on a temporary takings claim when the temporary takings period ends), a precedent not addressed by the initial briefing.2 With all briefing having now been completed, the issue concerning the applicability of the statute of limitations raised by the government’s motion for judgment on the pleadings is ripe for decision. For the reasons stated below, the government’s motion is denied.

BACKGROUND3

“[I]n May 1996 [or 1986], the United States leased 262 acres of land on Blount Island, Jacksonville, Florida in support of the Marine Corpses] Maritime Prepositioned Force (‘MPF’) operations.” Answer ¶ 8.4 These operations “include the off-loading and back-loading of vehicles, equipment^] and munitions from MPF ships at Blount Island.” Id. “Department of Defense regulations provide for a geographic margin of safety during ordnance handling operations that is geographically represented as an Explosives Safety Quantity Distance (ESQD) are.” Id. ¶ 10. The government alleged that “the ESQD arc is effective only during ordnance handling operations.” Id. The government admitted “that at times an ESQD arc extended over a portion of Reed Island.” Id. ¶ 12.5

According to Reed MLC’s president, Mitchell R. Montgomery, Reed MLC contracted on March 11, 1997 to purchase property on the eastern end of Reed Island without knowledge that an ESQD arc existed or ever had existed on the property. Plaintiffs Opposition to Defendant’s Motion (“Pl.’s Opp’n”), Attachment (Affidavit of Mitchell R. Montgomery (Feb. 24, 2005) (“Montgomery Aff.”)) 11114-5. Separate title searches by two companies failed to show, or indicate the presence of, an ESQD arc extending onto the property. Id. ¶ 4. The transaction closed on March 4, 1998. Id. ¶ 5.

[30]*30Reed MLC began preparation for development, surveying and laying out roads and lots, installing water and sewer lines, and providing storm drainage facilities. Montgomery Aff. ¶ 6. In early May 1998, Reed MLC’s surveyor, Charles Bassett, became aware that Marine Corps surveyors were visiting Reed Island to conduct surveys for an explosives arc, and he informed Mr. Montgomery of this visitation. Id. ¶ 7. Mr. Montgomery became concerned and initiated contacts with federal officials that led to meetings with representatives of the Marine Corps.

Representatives of the parties at those meetings have provided corresponding, largely congruent recollections of the substance of those meetings. At the first meeting, held at Blount Island on May 21, 1998, Mr. Montgomery was shown a map containing an ESQD arc extending over portions of his property. Montgomery Aff. 119. Richard Hamner, a facilities planner with the Marine Corps, attended that meeting. In a declaration, Mr. Hamner states that he advised Mr. Montgomery of the existence of the ESQD arc and the munitions-handling operations at Blount Island. Hamner Decl. 115. Correlatively, Mr. Montgomery told the Corps’s representatives of his development plans. Montgomery Aff. 119. Mr. Montgomery states that the Marine Corps’s representatives indicated that “the contours of the arc were still being worked out.” Id. Mr. Hamner says he “advised Mr. Montgomery that the exact location of the arc on Reed Island was uncertain” and that the Marine Corps was “resurveying the are to determine its exact location on the property.” Hamner Decl. 115.6 He also advised Mr. Montgomery that the ordnance-handling operations typically occurred within a 14-hour period, ten-to-twelve times per year beginning on a Friday evening and ending on a Saturday morning. Id.7

In short, both Mr. Montgomery and Mr. Hamner agree that on May 21, 1998, it was uncertain which of Reed MLC’s specific lots on Reed Island were affected by the ESQD arc. It is also apparent that the Marine Corps previously thought Reed Island was undeveloped, but that it now promised to take the information about Reed MLC’s development into account and to “resolve[]” the situation. Montgomery Aff. 119. Mr. Montgomery avers that he understood that by promising that the situation would be “resolved,” the Marine Corps meant it would consider options that would not encumber Reed MLC’s property. Id. 1t 9. Also, the Marine Corps appears never to have intended the ESQD arc to be permanent. Mr. Hamner states that he indicated to Mr. Montgomery on May 21, 1998 “that on July 16, 2000, the size of the ESQD are would be permanently reduced, and [would] no longer extend over any portion of Reed Island.” Hamner Decl. H 5.8

Mr. Montgomery and Mr. Hamner met again on June 3, 1998 in Mr. Montgomery’s office. Montgomery Aff. H 11; Hamner Decl. 116. At that meeting, Mr. Hamner presented Mr. Montgomery with a map with an overlay delineating the ESQD arc with relation to Reed MLC’s lots. Montgomery Aff. H11; Hamner Decl. K 6; see also Defendant’s Reply in Support of Defendant’s Motion (“Def.’s Reply”), Ex. A (copy of the map). The map and overlay showed that an ESQD arc en[31]*31compassed 18 of Reed MLC’s proposed residential lots on Reed Island. Hamner Decl. 116. Mr. Montgomery expressed his “surprise[ ] that the Ordinance [sic] ARC was not recorded in the public records of Duval County” and his concern about the economic impact the arc would have on Reed MLC’s developmental plans. Montgomery Aff., Ex. B (Letter from Montgomery to Hamner (June 5, 1998)). Mr.

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67 Fed. Cl. 27, 35 Envtl. L. Rep. (Envtl. Law Inst.) 20155, 2005 U.S. Claims LEXIS 214, 2005 WL 1712462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reed-island-mlc-inc-v-united-states-uscfc-2005.