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ST. BERNARD PARISH GOVERNMENT v. U.S.

2016-2301 2016-2373.

887 F.3d 1354 (2018)

ST. BERNARD PARISH GOVERNMENT, Gwendolyn Adams, Henry Adams, Cynthia Bordelon, Steven Bordelon, Steve's Mobile Home and RV Repair, Inc., Edward Robin, Sr., Edward "Pete" Robin, Jr., Brad Robin, Robin Seafood Company, Inc., Robin Yscloskey Development #1, LLC, Robin Yscloskey Development #2, LLC, Robin Yscloskey Development #3, LLC, Robin Yscloskey Development #4, LLC, Rocco Tommaseo, Tommoso "Tommy" Tommaseo, Rocky and Carlo, Inc., Port Ship Service, Inc., and Other Owners of Real Property in St. Bernard Parish or the Lower Ninth Ward of the City of New Orleans, Plaintiffs-Cross-Appellants, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: April 20, 2018.

Attorney(s) appearing for the Case

CHARLES J. COOPER , Cooper & Kirk, PLLC, Washington, DC, argued for plaintiffs-cross-appellants. Also represented by BRIAN W. BARNES , VINCENT J. COLATRIANO , MICHAEL W. KIRK , WILLIAM C. MARRA ; CARLOS A. ZELAYA, II, Mumphrey Law Firm, LLC, Chalmette, LA.

BRIAN HALLIGAN FLETCHER , Office of the Solicitor General, United States Department of Justice, Washington, DC, argued for defendant-appellant. Also represented by JOHN C. CRUDEN , BRIAN C. TOTH , Environment and Natural Resources Division, United States Department of Justice, Washington, DC.

MARK F. HEARNE, II , Arent Fox, LLP, Clayton, MO, for amici curiae National Federation of Independent Business Small Business Legal Center, Reason Foundation, Southeastern Legal Foundation, Property Rights Foundation of America, Inc., National Association of Reversionary Property Owners, James W. Ely, Jr. Also represented by STEPHEN SHARP DAVIS , MEGHAN SUE LARGENT .

Before Newman, Lourie, and Dyk, Circuit Judges.

Saint Bernard Parish Government and various other owners of real property in St. Bernard Parish or in the Lower Ninth Ward of the City of New Orleans (collectively "plaintiffs") brought suit in the Court of Federal Claims ("Claims Court") under the Tucker Act, 28 U.S.C. § 1491(a)(1), alleging a taking. They claimed that...

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