VOGT v. BOARD OF COM'RS OF ORLEANS LEVEE DIST.

No. 01-30728.

294 F.3d 684 (2002)

Anthony L. VOGT, et al., Plaintiffs-Appellants, v. BOARD OF COMMISSIONERS OF THE ORLEANS LEVEE DISTRICT, and James Huey, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 14, 2002.


Attorney(s) appearing for the Case

Robert Elton Arceneaux (argued), Metairie, LA, Philip A. Gettuso, Gretna, LA, for Plaintiffs-Appellants.

George L. Carmouche (argued), Baton Rouge, LA, Jeffrey Todd Nichols, Law Office of Jeffrey T. Nichols, Baton Rouge, LA, for Defendants-Appellees.

Before JOLLY, JONES and BARKSDALE, Circuit Judges.


EDITH H. JONES, Circuit Judge:

In 1984, the Louisiana legislature passed an act ordering the Orleans Levee District to return land it had expropriated in 1924 to build a spillway. The levee district's board of commissioners, however, stalled the return of the property and have until this day fought not to repay mineral royalties that belong to the landowners. In this litigation, the levee district persuaded the district court to dismiss the landowners' constitutional...

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