Dennis J. Quebedeaux, on Behalf of Himself and All Other Similarly Situated Persons and Entities v. United States

Takings ease; Motion to dismiss under RCFC 12(b)(6); Morganza Floodway— release of water; Iqbal/Twombly— pleading standard; Sponenbarger doctrine; Tort vs. takings; Rejection of bright line test in favor of multi-factored approach; Motion denied.

OPINION

ALLEGRA, Judge:

This takings case is before the court on defendant’s motion to dismiss the complaint pursuant to RCFC 12(b)(6). Plaintiffs own land in the Morganza Floodway and Atchafa-laya River basin, part of the Lower Mississippi River Valley. They seek just compensation under the Fifth Amendment for an alleged takings associated with the…