Legal Opinion

Nicholson v. United States

United States Court of Federal Claims

Decided July 27, 2007No. 05-1259LPublishedCited by 11 opinions

1Opinion of the Court

OPINION

BASKIR, Judge.

This ease presents an inverse condemnation claim under the takings clause of the Fifth Amendment to the U.S. Constitution. Plaintiffs base their claims on the Government’s failure to adequately design, build, or maintain certain levees in New Orleans before and after Hurricane Katrina, resulting in a permanent loss of value to their properties. The Plaintiffs cite the failure of the levees and flood walls along the city’s major canals, particularly the 17th Street Canal, the London Avenue Canal and the “Industrial Avenue Canal,” properly known as the Industrial or Inner…

2Cases cited54 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. Agins v. City of TiburonSupreme Court of the United States · 1980
  4. Fisher v. United StatesCourt of Appeals for the Federal Circuit · 2005
  5. Armstrong v. United StatesSupreme Court of the United States · 1960

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3Cited by11 opinions

  1. State ex rel. Doner v. ZodyOhio Supreme Court · 2011
  2. Voisin v. United StatesUnited States Court of Federal Claims · 2008
  3. Boston Taxi Owners Ass'n v. City of BostonDistrict Court, D. Massachusetts · 2015
  4. Big Oak Farms, Inc. v. United StatesUnited States Court of Federal Claims · 2012
  5. Tallacus v. United StatesUnited States Court of Federal Claims · 2011

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