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

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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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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Nancie G. Marzulla, Marzulla Law, LLC | Attorney Advertising

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