Shanbaum v. United States

OPINION

MEROW, Judge:

This case comes before the court on motions for summary judgment filed by the parties.1 The facts are not in dispute. The issue presented is whether a Federal Communications Commission (FCC) order resulted in a “taking” under the fifth amendment of the Constitution. For the reasons given below, it is concluded that no taking has been established and defendant’s motion for summary judgment is granted.

JURISDICTION

Under 28 U.S.C. § 1491, the Claims Court has jurisdiction over claims against the United States “founded * * * upon the Constitution * * * or any regulation of an…