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Army Corps Avoids Some Claims in Landowner Water Challenge

Oct. 7, 2021, 6:49 PM

A Louisiana landowner who sued after the Army Corps of Engineers found it has protected waters on its property is unable to pursue claims that the agency violated the Constitution or that its decision was a taking of its property, a federal court in the state ruled.

Garry Lewis and Garry Lewis-Louisiana LLC argued they can pursue relief for the regulatory taking of the property in the U.S. District Court for the Eastern District of Louisiana. Instead of seeking compensation for the development standstill under the Tucker Act, Lewis is seeking injunctive and declaratory relief, according to the plaintiffs.

The ...