Logan Canyon Cattle Assoc. v. United States

OPINION

BRUGGINK, Judge.

This action, brought pursuant to the Tucker Act, 28 U.S.C. § 1491 (1988), and the Declaratory Judgment Act, 28 U.S.C. § 2201, is before the court on defendant’s motion to dismiss. The motion is asserted under both RCFC 12(b)(1), lack of subject matter jurisdiction, and RCFC 12(b)(4), failure to state a claim upon which relief can be granted. Oral argument is deemed unnecessary. After *167considering the parties’ briefing, the court concludes that it lacks subject matter jurisdiction over plaintiffs’ claim. Consequently, defendant’s motion to dismiss is granted pursuant to…