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

Case 1:99-cv-04451-ECH

Document 172-6

Filed 02/26/2007

Page 1 of 3

J. THOMAS CONCKLIN, MARCH 01, 2006 1 2 3 4 5 6 7 8 9 i0 Ii 12 13 14 15 16 1) 18 19 20 21 22 23 24 The deposition of J. THOMAS CONCKLIN, called for examination, taken pursuant to the Federal Rules of Civil Procedure of the United States District Courts pertaining to the taking of depositions, taken before SUSAN K. TODAY, a Notary Public within and for the County of DuPage, State of Illinois, and a Certified Shorthand Reporter of said state, C.S.R. No. 84-2212, at Suite i000, 155 North Wacker Drive, Chicago, Illinois, on the ist day of March, A.D. 2006, at i:00 p.m.
-VS-

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

JOHN H. and MARY E. BANKS, ERROL L. and SUSAN H. STONE, as Trustees of the SUSAN H. STONE TRUST, et al., Plaintiffs, No. 99-4451 Consolidated with No. 04-277L

UNITED STATES OF AMERICA, Defendant.

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EXHIBIT 5

Case 1:99-cv-04451-ECH

Document 172-6

Filed 02/26/2007

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J. THOMAS CONCKLIN, MARCH 01, 2006

your concerns about erosion with the Corps, anybody at the Corps? A. Q. No. Did you contact anybody to express your

concerns about this, by way of example be it a congressman or a city council? Did you ever approach anybody about the issue?

8

I am talking -- so that I am more clear, I am talking outside the notion of these kind of discussions among neighbors. A. Just the DEQ when applying for the

permit as a result of this erosion. Q. I think you mentioned, did you not, that

there was some form of protection installed on the property before you acquired it in '87? Did I understand that correctly? A. the beach. There was an existing sand-saver out on

Q.

Do you know whether or not the Corps

of

Engineers attempted to address the problem of erosion south of the St. Joe Harbor? NO.
Q .

You mentioned the beach nourishment the Corps on the east coast of the United

efforts by

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Case 1:99-cv-04451-ECH

Document 172-6

Filed 02/26/2007

Page 3 of 3
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J. THOMAS CONCKLIN, MARCH 02, 2006 where you grew up. Are you aware of whether or not the Corps that of Engineers ever attempted something like south of St. Joe Harbor? A. No.

1 2 3 4 5 6 7 8 9 I0 Ii 12 13 14 15 16 17 18 19 20 21 22 23 24

States

MR. EHRET: Objection. Something like what? MR. PETRIE: I beg your pardon? MR. EHRET: Something like what? MR. PETRIE: Something like what he saw on the east coast of the United States. Beach nourishment

program. BY MR. PETRIE: Q. " Okay. So just so I am clear, you are

not aware then again -- and I realize I am asking the question a second time. of any efforts by the Corps You are not aware then to address the erosion

south of the St. Joseph Harbor? A. No. like to take a

MR. PETRIE: If we may, I would break and just go off the record. (WHEREUPON, discussion off the record.) BY MR. PETRIE: Q.

was had

Mr. Concklin, I think in your course of

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