Banner v. United States

ORDER

MOODY R. TIDWELL, III, Judge.

This action is brought by twenty individual plaintiffs and the Salamanca Coalition of United Taxpayers (SCOUT), a corporate plaintiff, seeking takings compensation under the Fifth Amendment. The complaint alleges that the enactment and enforcement of the Seneca Nation Settlement Act of 1990, 25 U.S.C. § 1774 (1994) (hereinafter “1990 Act”), constitutes a taking of plaintiffs’ property under the Fifth Amendment of the United States Constitution. Plaintiffs’ current motion, which defendant opposes, is to certify as a class pursuant to Rule 23 of the United…