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

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• Corps of Engineers opening of a spillway during flooding event, resulting in flooding of plaintiffs' properties, could support a takings claim
• the plaintiffs alleged that the government’s intentional diversion of flood water “constitutes an ongoing, continuous and permanent physical taking” of their property without just compensation
• in denying the defendant’s motion to dismiss, “plaintiffs should be given the opportunity to develop facts in support for their claims via discovery”
• “[I]t is conceivable that a takings might lie where defendant, using a permanent structure, purposely floods a property once and expressly reserves the right to do so in the future.”
• “[I]t is conceivable that a takings might lie where defendant, using a permanent structure, purposely floods a property once and expressly reserves the right to do so in the future.” (alteration added)

Source: CourtListener parenthetical corpus (CC0).