ADOLPH v. FEDERAL EMERGENCY MANAGEMENT AGENCY

No. 87-3196.

854 F.2d 732 (1988)

Emmett ADOLPH, Sr., et al., Plaintiffs-Appellants, v. FEDERAL EMERGENCY MANAGEMENT AGENCY OF THE UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 13, 1988.


Attorney(s) appearing for the Case

Brian J. Waid, Bubrig, Scandurro & Waid, Buras, La., for plaintiffs-appellants.

Drake Cutini, John Volz, U.S. Atty., Renee Clark McGinty, Asst. U.S. Atty., New Orleans, La., Arthur R. Goldberg, Atty., Dept. of Justice, Civ. Div., Robert S. Greenspan, John Scheibel, Atty., Assoc. Gen. Counsel, FEMA, Washington, D.C., for defendant-appellee.

Before THORNBERRY, WILLIAMS, and SMITH, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

Louisiana property owners affected by flood-plain ordinances passed by the Plaquemines Parish Commission Council filed this class action alleging an unconstitutional taking. They challenge the imposition, without compensation, of severe flood control regulations which are said "effectively [to] sound a death-knell for these communities, the ancestry of which predates our Constitution." Because the parish was required by Federal Emergency...

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