Free Motion to Dismiss - Rule 12(b)(1) - District Court of Federal Claims - federal

Case 1:99-cv-04451-ECH

Document 172-9

Filed 02/26/2007

Page 1 of 3

1 2 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

JOHN H.

and MARY E. BANKS, Plaintiffs,

et al.,

I I

ORIGINAL

4 5 6 7 8 9 I0 Ii 12 13
/

VS.

No. 99-4451 L THE UNITED STATES, Defendant, / STONE, As ERROL L. and SUSAN H., Stone Trust,

Trustees of the Susan H. Plaintiffs,
VS.

14 15 16 17 ]8 19 20 21 22 23
b,

No. 04-277 L THE UNITED STATES, Defendant,

PAGES

1 TO 45

The Deposition of MARILYN J. CUNAT, Taken at I00 Main Street St. Joseph, Michigan, Commencing at 11:47 a.m., Friday, March 17, 2006, Before Dale E. Rose, CSR-0087. (Clarion Hotel),

24 25

i¯

COURTREPORTERNET.COM (800) 960-1861 EXHIBIT 7

Case 1:99-cv-04451-ECH

Document 172-9

Filed 02/26/2007

Page 2 of 3

34
1 2 3 4 5 6 7 8 9 i0 II 12 13 14 15 have had any through that exercise, no easy feat. Can you tell me whether or not you understanding over the years about the Corps of Engineers have undertaken address the erosion south of the St. shoreline?

whether or not any efforts to

Joseph Harbor along the A. Q. I don't know. Have you ever

heard your parents discuss

any kind of efforts along those lines by the Corps? A. Q. I don't believe so. How about neighbors or people that live

there in the community adjacent or the surrounding vicinity to your property, do you recall any of them ever having any kind of conversations to that effect? A. I probably wouldn't have been involved in

q

16 17 18 19 20 21 22 23 24 25

any conversations if they had them with my parents or anything. Q. I appreciate your bearing with me because I

know your first response basically rules out any source of information, but just in case I might jog your memory, how about any kind of newspaper articles, do you recall any newspaper articles talking about efforts by the Corps to address erosion? A. Q. No. I wanted to swing back briefly on a couple

COURTREPORTERNET.COM (800) 960-1861

Case 1:99-cv-04451-ECH

Document 172-9

Filed 02/26/2007

Page 3 of 3

35
1 of areas and it shouldn't take long, close the loop on an item or two. Earlier, ma'am, you mentioned as part of your preparation you happened to come across some articles on the web from the Berrien County newspapers? A. Q. Yes. And you described at least one of those condominiums had been taken out by I hope, just to

i
I

2 3 4 5 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25

articles discussing a storm? A. Q. Or the

threat of.

Or a threat of. Do you recall

approximately when, what point in time those articles were published? A. Q. A. Q. you about I believe they were recent in the 2000s. Sometime after -- 2000 or subsequent? Yes. And then the other item I was going to ask was we've discussed a little bit about the

idea of shore protection, seawalls and so forth associated with your property. You mentioned sandbags. I was going to ask you more generally, growing up and spending summers there the property then owned by your grandparents did at you

!" :!~'

COURTREPORTERNET.COM (800) 960-1861