The Hancock-Henderson Quill, Inc.
By DAVID GRIMES, Quill Correspondent
OQUAWKA - A federal lawsuit filed by a group of Henderson County landowners in Drainage District 3 against the Rock Island, District of the U.S. Army Corps of Engineers has drawn a negative ruling by Judge Emily Hewitt, according to a member of the law firm representing the plaintiffs.
"Basically, the ruling said we filed after the statute of limitations ran out," said Alexander Bullock, with the Washington law firm of Blaise & Miller, P.C.
Miller added that his firm believes otherwise, since the lawsuit was not filed until 1995.
Drainage District 3 runs approximately from the south boundary of Oquawka to along the north shore of Henderson Creek near the Henderson Covered Bridge along Ill. Route 164.
Property in the district is susceptible to seepage and flood damage when the Mississippi River floods near Lock and Dam 18 at Gladstone.
Should flooding similar to what was experienced in 1993 occur again, the Corps could lose Pool 18 and ultimately the use of Lock and Dam 18.
A 1961 agreement struck between the Army Corps of Engineers and landowners within drainage districts from Dubuque to Hannibal, Mo., absolved the Corps of all claims past and future with respect to flood damage.
But a subsequent agreement requires both parties to share maintenance duties, and the plaintiffs believe that should include holding the Corps responsible for erosion damage repair sustained by wind and wave action from the river over time.
The evidence phase of the trial began at the Warren County Courthouse in Monmouth, in January before moving to Washington in February.
Hewitt's ruling came in late May.
Bullock said Monday his firm is currently drafting a brief to be presented to the U.S. Court of Appeals, which will probably issue a ruling late next month.
A lawsuit filed by the Marion County, Mo., drainage district was heard simultaneously with the Drainage District 3 lawsuit.
Both were conducted as test trials on behalf of a dozen drainage districts along the Mississippi and Illinois rivers.
Henderson County received $44,000 and Marion County $836 in damage settlement from the federal government at the time of the 1961 agreement.
Lock and Dam 18 was constructed by the WPA in 1937.