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DEVILLIER v. STATE

No. 21-40750.

53 F.4th 904 (2022)

Richard DEVILLIER; Wendy Devillier; Steven Devillier; Rhonda Devillier; Barbara Devillier; et al, Plaintiffs-Appellees, v. STATE of Texas, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED November 23, 2022.

Attorney(s) appearing for the Case

Daniel Henry Charest , Emery Lawrence Vincent , Burns Charest, L.L.P., Dallas, TX, Charles William Irvine , Attorney, Irvine & Conner, P.L.L.C., Houston, TX, for Plaintiffs-Appellees.

Natalie Deyo Thompson , Benjamin D. Wilson , Office of the Attorney General of Texas, Office of the Solicitor General, Austin, TX, for Defendant-Appellant.

Before Higginbotham, SoUthwick, and Higginson, Circuit Judges.

The State of Texas appeals the district court's decision that Plaintiffs' federal Taking Clause claims against the State may proceed in federal court. Because we hold that the Fifth Amendment Takings Clause as applied to the states through the Fourteenth Amendment does not provide a right of action for takings claims against a state,

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