U.S. v. 0.073 ACRES OF LAND

No. 11-31167.

705 F.3d 540 (2013)

UNITED STATES of America, Plaintiff-Appellee v. 0.073 ACRES OF LAND, MORE OR LESS, SITUATE IN PARISHES OF ORLEANS AND JEFFERSON, State of LOUISIANA, et al., Defendants. Mariner's Cove Townhomes Association, Incorporated, Appellant. United States of America, Plaintiff-Appellee v. 0.071 acres of land, more or less, situate in Parishes of Orleans and Jefferson, State of Louisiana, et al., Defendants. Mariner's Cove Townhomes Association, Incorporated, Appellant. United States of America, Plaintiff-Appellee v. 0.139 acres of land, more or less, situate in Parish of Orleans, State of Louisiana, et al, Defendants. Mariner's Cove Townhomes Association, Incorporated, Appellant. United States of America, Plaintiff-Appellee v. 0.134 acres of land, more or less, situate in Parishes of Orleans and Jefferson, State of Louisiana, et al., Defendants. Mariner's Cove Townhomes Association, Incorporated, Appellant. United States of America, Plaintiff-Appellee v. 0.135 acres of land, more or less, situate in Parishes of Orleans and Jefferson, State of Louisiana, et al., Defendants. Mariner's Cove Townhomes Association, Incorporated, Appellant. United States of America, Plaintiff-Appellee v. 0.072 acres of land, more or less, situate in Parishes of Orleans and Jefferson, State of Louisiana, et al., Defendants. Mariner's Cove Townhomes Association, Incorporated, Appellant. United States of America, Plaintiff-Appellee v. 0.153 acres of land, more or less, situate in Parishes of Orleans and Jefferson, State of Louisiana, et al., Defendants. Mariner's Cove Townhomes Association, Incorporated, Appellant.

United States Court of Appeals, Fifth Circuit.

January 28, 2013.


Attorney(s) appearing for the Case

Tamara Nichelle Rountree , Attorney, U.S. Department of Justice, Environment & Natural Resources Division-Appellate Section, Washington, DC, Glenn Kenneth Schreiber, Esq. , Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Louisiana, New Orleans, LA, for Plaintiff-Appellee.

Henry Walsworth Kinney, III , Managing Senior Counsel, Michael L. DeShazo , Attorney, John Daniel Miranda , Kinney, Ellinghausen, Richard & DeShazo, New Orleans, LA, for Appellant.

Before STEWART, Chief Judge, and KING and OWEN, Circuit Judges.


PER CURIAM:

In this eminent domain case, Appellant Mariner's Cove Townhomes Association appeals the district court's grant of judgment on the pleadings for the United States. The district court held that the Association was not entitled to just compensation for the diminution of its assessment base resulting from the government's condemnation of fourteen properties in the Mariner's Cove Development. The question before us...

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