Cooper v. United States

ORDER ON DEFENDANT’S MOTION TO DISMISS

WHITE, Senior Judge.

This case is before the court on the defendant’s motion asking that the complaint be dismissed, the plaintiff’s response to the motion, and the defendant’s reply to the response.

According to the complaint, the action is brought by the plaintiff under the Tucker Act (28 U.S.C. § 1491(a)(1) (1982)) “to recover damages because the defendant * * has destroyed private property for public use without paying just compensation in violation of the United States Constitution Amendment Five.”

The complaint alleges that the plaintiff is the owner…