Lapeyrouse
Opinion of the Court
-Plaintiffs are the holders of a 15-year, renewable term lease of water bottoms granted them by the Wild Life and Fisheries Commission of Louisiana, for the conduct of a commercial oystering operating in Lake Borgne. As a result of channel dredging operations undertaken by the Corps of Engineers beginning in September 1971, 125 acres of plaintiffs’ oyster lease were subjected to a build-up of mud and grass which, in turn, destroyed the existing oyster crop. Plaintiffs seek damages under 28 U.S.C. § 1497; liability has been admitted by the United States. In a recommended decision filed May 23, 1977, Trial Judge John P. Wiese found that as a result of the channel dredging operations the existing oyster crop was destroyed; however, this damage was not permanent in nature. Through the influence of natural forces, the firm bottom necessary for the resumption of oyster growth would have been restored within a period of approximately 30 months, that is, by the end of March 1974. Thus, absent other considerations, the United States would be required to respond in damages for this full 30-month period plus such additional time as might then remain necessary to
Case-law data current through December 31, 2025. Source: CourtListener bulk data.