Minnie McClaskey Roy Grant and Nina Grant v. United States

Appellants, proceeding under the Federal Tort Claims Act, 28 U.S.C. § 1346 (b), seek damages for injury to their motel property located in Arlington, Oregon. They contend that due to negligent obstruction of China Creek by its Corps of Engineers the Government caused flood waters to back upon and damage their property.

The District Court, 261 F.Supp. 912 (D.Or.1966), found negligence on the part of the Government (a finding which the Government here vigorously disputes) but held that immunity was extended to the Government by 33 U.S.C. § 702c, which states in part:

Improvement of China Creek by construction of a concrete channel was included as part of the Alkali Canyon Project authorized in the Flood Control Act of 1944, 58 Stat. 887 , 902, and that project was later incorporated as part of a flood control and navigation improvement undertaking on the Columbia River known as the John Day Dam Project, authorized along with many other such projects in the Act of May 17, 1950, 64 Stat. 163 , 179. Reconstruction of the China Creek channel necessitated relocation of the railroad tracks of the Condon Branch of the Union Pacific Railroad Company. It was determined by the Army Corps of…