John R. Sand & Gravel Company v. United States (552 U.S. 130)
U.S. Supreme Court · decided January 8, 2008 · Supreme Court Database (Spaeth)
- Citation
- 552 U.S. 130 · 128 S. Ct. 750
- Decided
- January 8, 2008
- Term
- October Term 2007
- Vote
- 7–2
- Majority author
- Justice Breyer
- Issue area
- Judicial Power
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
128 S. Ct. 750 (2008) JOHN R. SAND & GRAVEL COMPANY, Petitioner, v. UNITED STATES. No. 06-1164. Supreme Court of United States. Argued November 6, 2007. Decided January 8, 2008. *752 Jeffrey K. Haynes, Bloomfield Hills, MI, for Petitioner. Malcolm L. Stewart, Washington, D.C., for Respondent. Gregory C. Sisk, Minneapolis MN, Jeffrey K. Haynes, Keith C. Jablonski, Beier Howlett, P.C., Bloomfield Hills, MI, for Petitioner. Paul D. Clement, Ronald J. Tenpas, Acting Assistant Attorney General, Edwin S. Kneedler, Deputy Solicitor General, Malcolm L. Stewart, Assistant to the Solicitor General, Aaron P. Avila, Attorney Department of Justice Washington, D.C., for Respondent. Justice BREYER delivered the opinion of the Court. The question presented is whether a court must raise on its own the timeliness of a lawsuit filed in the Court of Federal Claims, despite the Government's waiver of the issue. We hold that the special statute of limitations governing the Court of Federal Claims requires that sua sponte consideration. I Petitioner John R. Sand & Gravel Company filed an action in the Court of *753 Federal Claims in May 2002. The complaint explained that petitioner held a 50-year mining lease on certain land. And it asserted that various Environmental Protection Agency activities on that land (involving, e.g., the building and moving of various fences) amounted to an…
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