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ODLAN HOLDINGS, LLC v. CITY OF NEW ORLEANS

No. CIV.A. 00-352.

109 F.Supp.2d 503 (2000)

ODLAN HOLDINGS, LLC v. The CITY OF NEW ORLEANS

United States District Court, E.D. Louisiana.

July 3, 2000.

Attorney(s) appearing for the Case

Michael L. Eckstein, David Coleman Raphael, Jr., Michael L. Eckstein, New Orleans, LA, Charlton Beattie Ogden, III, Michael Warren Hill, Taggart, Morton, Ogden, Staub, Rougelot, Brocato & O'Brien, New Orleans, LA, for plaintiff.

Edward Reed Washington, II, City Attorney's Office, New Orleans, LA, for defendant.

BARBIER, District Judge.

Before the Court is defendant's Motion to Dismiss Pursuant to Rule 12(b)(6). Plaintiff opposes the motion. The motion, set for hearing on May 24, 2000, is before the Court on briefs without oral argument.

In its motion, defendant seeks dismissal of plaintiff's suit on the ground that the claims made therein, which defendants characterize as 5th Amendment takings claims, are not ripe, because plaintiff can, but has not...

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