Lone Star Industries, Inc. v. United States

Fifth Amendment Taking; Closure of Waterway Outlet; Property Interest; Motion to Dismiss for Failure to State a Claim upon Which Relief Can Be Granted; Rule 12(b)(6); La. Civ. Code Ann. art. 690, et seq.; Predial Servitude; Enclosed Estate; Regulatory Taking; Lack of Property Interest in Deep-Draft Access; Lack of Direct Regulation of Private Property. MEMORANDUM OPINION AND ORDER OF DISMISSAL

WILLIAMS, Judge.

The instant litigation arises from the 2009 closure of the Mississippi River Gulf Outlet (“MRGO”). Plaintiff Lone Star Industries, Inc. (“Lone Star”), brings this suit under the Fifth…