St. Bernard Parish Government v. United States
Court of Appeals for the Federal Circuit
1Opinion of the Court
Dyk, Circuit Judge.
*1357 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 the government was liable for flood damage to their properties caused by Hurricane Katrina and other hurricanes. Plaintiffs' theory was that the government incurred liability because of government inaction, including the failure to properly maintain or to…
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