Big Oak Farms, Inc. v. U.S., No. 11-275L, 2012 U.S. Claims LEXIS 460 (Fed. Cl. May 4, 2012)

(motion to dismiss suit alleging 5th Amendment taking when Army Corp artificially breached levee and flooded farm during 2011 Mississippi River flood; Corp failed to establish immunity from liability under Flood Control Act of 1928; court reviewed claim under two-part framework established for flooding cases in Ridge Line, Inc. v. U.S., 346 F3d 1346, 1355 (Fed. Cir. 2003), which requires examination of intent behind government action and whether invasion appropriates benefit to government at expense of property owner; court dismissed first claim for failure to allege recovery under Ridge Line; court examined second claim based on floodway operation plan because plaintiffs failed to allege greater number of floods occurred under plan than would have occurred otherwise; court dismissed final claim alleging takings for sand and gravel deposits because deposits did not appropriate a benefit to government; court granted motion to dismiss all claims).