Bartleson
Bartleson v. United States
Opinion
Lead Opinion
Wiggins, J.
Stuart A. Bartleson and Marie and Kenneth Palm (collectively “the Palms”), owners *1272 of large ranches adjacent to Camp Roberts Military Reservation in southern Monterey County, California, filed a claim under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2674 , against the United States seeking damages for, inter alia, nuisance, arising out of a number of artillery shells from Camp Roberts landing on their property. Relying on a theory of permanent nuisance, the district court awarded $60,000 to Bartleson for diminution in the value of his property, and $150,000 to the Palms for the same. Bartleson appeals, arguing that the district court clearly erred in determining that the diminution in the value of his property was only $60,000. The government cross appeals, arguing that the Palms and Bartleson should have recovered only under a theory of continuing nuisance, and that recovery under a permanent nuisance theory is barred by the two-year FTCA statute of limitations. We have jurisdiction pursuant to 28 U.S.C. § 1291 and AFFIRM.
FACTS
With the exception of the amount and type of damages suffered by each landowner, the facts of this case are largely undisputed.