#2384351 - 05/03/11 04:05 PM
Mo. farmers join class-action suit over levee
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Dodge Man
12 Point
Registered: 10/15/03
Posts: 5607
Loc: Dyersburg, TN
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"I felt like when they blew that, it was all over," Mary Beth Lee said.
But what could prove to be a lengthy legal battle against the U.S. Government is only beginning.
The Lees joined about 80 property owners and farmers who live and work in the spillway and surrounding areas at a meeting this afternoon with attorneys at the Clara Drinkwater Newnam Library in Charleston, Mo.
This morning, J. Michael Ponder, attorney at Cape Girardeau-based Cook, Barkett, Ponder and Wolz, L.C. filed a lawsuit in Washington, D.C. seeking potentially hundreds of millions of dollars in damages for the farmers and property owners in the spillway flooded out by the levee's breach.
The suit claims the property owners' Fifth Amendment rights prohibiting a government taking without just compensation have been violated by the corps' action. The litigation, which this morning included 25 claimants, seeks class-action status.
http://www.semissourian.com/story/1723877.html
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#2384370 - 05/03/11 04:31 PM
Re: Mo. farmers join class-action suit over levee
[Re: Dodge Man]
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mike243
14 Point
Registered: 09/06/06
Posts: 9822
Loc: east tn
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its crazy,all knew they lived in a area that might get flooded,bet none could buy flood insurance.they gambled & they lost
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#2384371 - 05/03/11 04:34 PM
Re: Mo. farmers join class-action suit over levee
[Re: mike243]
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WRbowhunter
8 Point
Registered: 02/22/10
Posts: 1464
Loc: collierville,tn
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thats a tough one. I feel for the farmers but I would have to guess everyone knew that this plan was an option if the flood waters got to high.
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#2384375 - 05/03/11 04:39 PM
Re: Mo. farmers join class-action suit over levee
[Re: WRbowhunter]
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rabbit hunter
12 Point
Registered: 03/04/10
Posts: 6306
Loc: Beech Bluff, TN
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I understand why they blew the levee, but still, the goverment has entirely too much power over our lives.
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#2384391 - 05/03/11 04:55 PM
Re: Mo. farmers join class-action suit over levee
[Re: rabbit hunter]
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Hangnail
12 Point
Registered: 11/30/00
Posts: 6024
Loc: Murfreesboro, TN
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If the levee hadn't been there in the first place, none of this would be an issue. Can't sue Mother Nature. I can understand both sides and feel for each side, but topo maps aren't just for hunting properties.
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#2384776 - 05/04/11 12:10 AM
Re: Mo. farmers join class-action suit over levee
[Re: Hangnail]
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ROB
TnDeer Old Timer
8 Point
Registered: 01/23/00
Posts: 2121
Loc: Murray, KY USA
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Mike, most probably had crop insurance. However, that only pays for an act of God. Blowing the levee simply doesn't qualify. So, there's no legal basis upon which insurance has to pay.
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#2384826 - 05/04/11 06:10 AM
Re: Mo. farmers join class-action suit over levee
[Re: ROB]
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Unicam
Grumpaw
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Registered: 12/13/00
Posts: 17457
Loc: Dallas, GA. & Cookeville, TN
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I can see the payment for the crop loss and any property damage as "Act of God" went out the window with the explosives. Once the waters go down and the levee is rebuilt that land will be more fertile than ever.
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#2384842 - 05/04/11 06:21 AM
Re: Mo. farmers join class-action suit over levee
[Re: Unicam]
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Football Hunter
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Registered: 10/22/07
Posts: 24565
Loc: Wilson Co/Perry Co
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tough deal,hard call to make
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#2384858 - 05/04/11 06:50 AM
Re: Mo. farmers join class-action suit over levee
[Re: Football Hunter]
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BuckWild
TnDeer Old Timer
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Registered: 09/27/99
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Loc: Memphis or Birdsong Creek
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Class Action lawsuit=Attorneys get rich
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#2384860 - 05/04/11 06:54 AM
Re: Mo. farmers join class-action suit over levee
[Re: BuckWild]
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Unicam
Grumpaw
16 Point
Registered: 12/13/00
Posts: 17457
Loc: Dallas, GA. & Cookeville, TN
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Class Action lawsuit=Attorneys get rich
Thats the truth!!
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"Gun Free Zones are for VICTIMS!"
John 15:13
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#2384917 - 05/04/11 08:11 AM
Re: Mo. farmers join class-action suit over levee
[Re: Unicam]
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8 POINTS OR BETTER
10 Point
Registered: 08/15/07
Posts: 3869
Loc: Hardin, Co.
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They should have blown it a couple days sooner.
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#2385062 - 05/04/11 09:53 AM
Re: Mo. farmers join class-action suit over levee
[Re: 8 POINTS OR BETTER]
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Dodge Man
12 Point
Registered: 10/15/03
Posts: 5607
Loc: Dyersburg, TN
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While lawyers say it would be "premature" to peg a total of damages sought in the lawsuit, they do point to a 1991 government estimate that shows flooding the spillway could cause about $300 million in damage.
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#2385165 - 05/04/11 11:45 AM
Re: Mo. farmers join class-action suit over levee
[Re: Dodge Man]
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TNDeerGuy
10 Point
Registered: 11/28/06
Posts: 4476
Loc: Old Hickory/Mt.Juliet, TN
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I called this one! The problem with this whole thing is the government chose whos property to save and this was inevitable that the one's that got flooded were going to file a suit.
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Rammer Jammer, Yellow Hammer—Give'em Hell Alabama! Roll Tide!
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#2385199 - 05/04/11 12:14 PM
Re: Mo. farmers join class-action suit over levee
[Re: TNDeerGuy]
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Andy S.
TnDeer Old Timer
12 Point
Registered: 07/26/99
Posts: 7206
Loc: Atoka, TN
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I called this one! The problem with this whole thing is the government chose whos property to save and this was inevitable that the one's that got flooded were going to file a suit.
http://www.mvm.usace.army.mil/publicaffairs/News/press_releases/bpnm/BPNM_paper.pdf
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Andy S.
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