Legal Opinion

Avenal v. United States

United States Court of Federal Claims

Decided August 2, 1995No. 94-261LPublishedCited by 13 opinions

1Opinion of the Court

OPINION

MILLER, Judge.

This case is before the court after argument on defendant’s motion for summary judgment. The issue is whether plaintiffs, who lease certain water-bottoms in the Breton Sound Basin, Louisiana, for oyster farming, hold a compensable property interest for purposes of the Fifth Amendment.

FACTS

The following facts are undisputed, except where noted. On October 27, 1965, Congress enacted the “Public Works-Rivers and Harbors Act,” Pub.L. No. 89-298, 79 Stat. 1073 (1965) (the “Act”), which authorized certain freshwater diversion structures to be built in and around the Breton…

2Cases cited37 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  4. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  5. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992

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3Cited by13 opinions

  1. Avenal v. StateSupreme Court of Louisiana · 2004
  2. Hage v. United StatesUnited States Court of Federal Claims · 2002
  3. Dennis J. Quebedeaux, on Behalf of Himself and All Other Similarly Situated Persons and Entities v. United StatesUnited States Court of Federal Claims · 2013
  4. Cane Tennessee, Inc. v. United StatesUnited States Court of Federal Claims · 1999
  5. Avenal v. StateLouisiana Court of Appeal · 2000

8 more not listed; retrieve them via the Exa API.

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