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

Case 1:99-cv-04451-ECH
~ Frank~ Bunker, MD

Document 172-4

Filed 02/26/2007

Page 1 of 4
May 23, 2006 Page 1

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IN THE UNITED STATES JOHN H. et al. , and MARY E. BANKS,

COURT OF FEDERAL

CLAIMS

J
!| vs

Plaintiffs,

No. 99-4451 L Judge Emily C. Hewitt

I I
~

THE UNITED STATES

OF AMERICA,

ORIGINAL

Defendant. STONE, ERROL L. & SUSAN H, In their own right and as Trustee of the Susan H. Stone Trust and the L. Stone Trust, Errol Plaintiffs, vs. THE UNITED STATES OF AMERICA, Defendant. No. 04-277 L Judge Emily C. Hewitt

EUGENE J. FRETT, Individually and as trustee of the Victor J. Horvath and Frances B. Horvath Trust, and DONNA P. FRETT, Plaintiffs, vs. THE UNITED STATES OF AMERICA, Defendant. No. 05-1353 L Judge Emily C. Hewitt

DEPOSITION OF FRANK BUNKER M.D.

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Moretti & Murphy Reporting

800-536-0804

/ 269-343-0118 EXHIBIT 3

Case 1:99-cv-04451-ECH Frank Bunker, MD

Document 172-4

Filed 02/26/2007

Page 2 May 23, 2006 of 4
Page 42 I,

Q
A

Okay. So the beach you have today extends further -Correct. -- towards the lake than what you had in 1983? Correct.

Q
4 A

Q

Okay. And how about the bluff that you have today, where is the location of it, is what I'm now trying to ask.

7

A

The bluff is now -- the sea wall is the bluff. Okay. Okay. I understand that. Sir, let me change gears here for a second and ask you about your knowledge or your

Q
F

0

understanding about any kind of program or effort by the Army Corps of Engineers to address erosion problems south of the St. Joe harbor there along the shoreline of Lake Michigan. Are you aware of any kind of program or efforts

15 ~6 ..... 7 ~.8 A Q A

that the Corps has undertaken over the years? Not in the last ten years. I'm sorry. Repeat your answer. Not in the last ten years or more. Okay. That response suggests to me that you had some kind

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of awareness of an effort by them before the last ten years or so? A Q Correct. Can you tell me what your understanding was about efforts before the last ten years or so? A Well, those years deal primarily with the mid-'80s when

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]~{~{- Moretti & Murphy Reporting

800-536-0804 / 269-343-0118

Frank Bunker,1:99-cv-04451-ECH Case MD

Document 172-4

Filed 02/26/2007

Page 3 of 4 May 23, 2006
Page 43

everyone was 2

concerned, every person that owned lakeside

property were very concerned about the erosion and the lake levels and the St. Joe pier. But as the lake started coming at least where I live, had ceased and

down and the erosion,

we began to seeing some areas, the beaches again.

Q
7

Let me focus, draw your attention, sir, to before the last ten years or so. MR. EHRET: MR. PETRIE: MR. EHRET: Terry, can I interrupt you again? Sure may, John. I'm thinking that Dr. Bunker to the

interprets your word programs to be presentations public. MR. MR. 15 MR. PETRIE: Okay.

EHRET: Rather than what I believe you mean. PETRIE: I agree, John. Thank you. I

appreciate yet again your efforts to keep this record clear when sometimes 8 9 confusion might enter in because of the

formulation of my question.

Q

Let me try to ask it a little bit more -- or ask it slightly differently, Dr. Bunker.

~

0 A

Okay. And I appreciate your efforts here. The Army Corps of Engineers had a program for a number of years where they would provide nourishment to the shoreline, place sediment,

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Q

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sand, material, that sort of composition.

';'~ Moretti & Murphy Reporting

800-536-0804 / 269-343-0118

r

Case 1:99-cv-04451-ECH
Frank Bunker, MD

Document 172-4

Filed 02/26/2007

Page 4 of 4
May 23, 2006

Page 44

A Q
A

I am aware of those. Are you aware of those efforts? Somewhat. Just south of the piers I have noticed the beach in St. Joe.

)

Q A

Yes, sir. But I -- and I, from time to time, papers but -see articles in the

saying what the Army Corps of Engineers is doing,

Q
A

Yes, sir. I mean I also received, very rarely, but some letters from the Army Corps of Engineers as well as from other organizations that are concerned about erosion. And -- but I guess in the last 15 years or so I maybe have been complacent and safe because I have a, what I think is a good

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protection now. Q A Q Yes, sir.
SO --~

And a lot of beach in front. Yes,

sir. Did you have any understanding or belief that

those kinds of efforts by the Corps would benefit your property? A No, I did not. did you hold

Q

So then when you decided to bring the lawsuit, off in bringing the lawsuit because of the those kinds of efforts by the Corps?

Corps' efforts,

A

No, I don't think so.

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800-536-0804 / 269-343-0118