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New suit brought in Missouri River flooding

Associated Press
A gavel rests on a judge's bench.

ST. JOSEPH — The federal government faces a second lawsuit over flooding along the Missouri River  after it was ordered last month to pay some landowners for damages.

R. Dan Boulware, of the Polsinelli law firm, filed the new class-action lawsuit on behalf of 60 plaintiffs who experienced damages during flooding in 2007, 2008, 2010, 2013 and 2014, The St. Joseph News-Press reports. 

"This is the sequel," said Boulware, who successfully argued in the earlier case that the U.S. Army Corps of Engineers knowingly flooded some farmland when it made changes to protect endangered species.

Steve Milne of Holt County, Missouri, is one of the plaintiffs in the new class-action suit. Six hundred acres (242.81 hectares) of his land has seen flooding during the years that qualify. Like many farmers, Milne has insurance, but recurring flooding causes the premiums to go up.

"We're gonna pay more for the insurance and receive less help," Milne said.

Boulware currently is waiting for the class-action lawsuit to be certified. If that occurs there could be additional plaintiffs added to the case. He estimates that the current claim of damages exceeds $50 million.