Community Bank & Trust v. United States

OPINION and ORDER

FUTEY, Judge.

This takings case is before the court on defendant’s motion to dismiss and plaintiffs motion for partial summary judgment. Defendant argues that plaintiffs claim has not been timely filed and fails to state a valid takings claim. Defendant asserts also that this court lacks subject matter jurisdiction over the claim. Plaintiff Community Bank and Trust (“Community”) opposes dismissal and cross-moves for summary judgment as to liability for an alleged taking.

Factual Background

Plaintiff is a bank chartered by the state of Texas and has been in operation since 1935.1…