Davis v. United States

ORDER

MILLER, Judge.

This case is before the court on defendant’s motion to dismiss plaintiffs’ amended complaint for lack of subject matter jurisdiction, RCFC 12(b)(1) and for failure to state a claim upon which relief may be granted, RCFC 12(b)(4). Two issues must be resolved. The first is whether subject matter jurisdiction is present to entertain the claims alleged in plaintiffs’ amended complaint. The second is whether plaintiffs’ claim that the United States violated the Fifth Amendment when it presented an Air Installation Compatible Use Zone (the “AICUZ”) study that subsequently caused…