Legal Opinion

National Food & Beverage Co. v. United States

United States Court of Federal Claims

Decided December 16, 2010No. 10-152LPublishedCited by 5 opinions

1Opinion of the Court

OPINION AND ORDER

LETTOW, Judge.

This ease concerns an alleged taking by the government of property for public use without providing just compensation to the property owner. After levees were damaged by Hurricane Katrina, the United States Army Corps of Engineers (“Corps”) needed relatively impermeable clay to effect repairs to the levees. The Corps identified suitable deposits of clay in Mississippi and southern Louisiana, and, respecting one such deposit in southern Louisiana, entered into an agreement with Plaquemines Parish to use the Parish’s authority under state law to commandeer access…

2Cases cited35 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Scheuer v. RhodesSupreme Court of the United States · 1974
  4. Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
  5. Landis v. North American Co.Supreme Court of the United States · 1936

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3Cited by5 opinions

  1. National Food & Beverage Co. v. United StatesUnited States Court of Federal Claims · 2012
  2. National Food & Beverage Co. v. United StatesUnited States Court of Federal Claims · 2012
  3. Labruzzo v. United StatesUnited States Court of Federal Claims · 2019
  4. Olivier Plantation, L.L.C. v. Parish of St. BernardLouisiana Court of Appeal · 2014
  5. Stevens v. United StatesUnited States Court of Federal Claims · 2020

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