Second Time is Not the Charm: U.S. Court of Federal Claims Declines to Reconsider Lone Star Dismissal


On May 30, 2013, the U.S. Court of Federal Claims denied a property owners’ motion for reconsideration in Lone Star Industries, Inc. v. United States, holding again that Lone Star had failed to state a valid claim for just compensation. After that ruling, Lone Star filed a motion for reconsideration arguing that the Court had not accepted the allegations of the complaint that Lone Star had a valid property interest, misapplied the navigational servitude defense, and misapplied Louisiana state law. The CFC rejected all three arguments.

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