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BAYOU DES FAMILLES DEVELOPMENT CORP. v. U.S.

No. 96-5086.

130 F.3d 1034 (1997)

BAYOU DES FAMILLES DEVELOPMENT CORPORATION, Coast Quality Construction Corporation, and Betty Jane Perrin, wife of/and Ronald J. Isaac, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 8, 1997.

Attorney(s) appearing for the Case

David C. Loeb, and Jack E. Morris, Molaison, Price & Loeb, LLP, Metairie, LA, argued for plaintiffs-appellants.

Martin W. Matzen, Attorney, Environment & Natural Resources Division, Department of Justice, Washington, DC, argued for defendant-appellee. With him on brief were Lois J. Schiffer, Assistant Attorney General, Jacques B. Gelin, and Dorothy R. Burakreis. Of counsel on brief was Robert Northey, U.S. Army Corps of Engineers, New Orleans, LA.

Before NEWMAN, MAYER and PLAGER, Circuit Judges.

PLAGER, Circuit Judge.

This is a takings case in which Bayou des Familles Development Corp. ("BDF") alleges that the denial by the United States ("the Government") of a permit to build a levee effected a taking of its property without just compensation, thereby violating the Fifth Amendment of the U.S. Constitution.1 BDF filed suit in the Court of Federal Claims in 1991. That court dismissed the case as timebarred.

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