Blackfeet Housing v. United States

MEMORANDUM OPINION AND ORDER

CHRISTINE O.C. MILLER, Judge.

This ease is before the court on defendant’s motion to dismiss pursuant to RCFC 12(b)(1) for lack of subject matter jurisdiction and 12(b)(6) for failure to state a claim. The issue for decision on defendant’s jurisdictional motion is whether Blackfeet Housing Authority (“plaintiff’) timely filed its complaint for breach of a trust responsibility owed to the tribal authority by the United States, which implicates the merits issue. Defendant’s substantive motion questions whether the breach pleaded rests on a specific statutory trust…