City of Cincinnati v. United States

OPINION

HORN, J.

This case comes before the court on the defendant’s motion to dismiss, filed pursuant to Rule 12(b)(1) and Rule 12(b)(4) of the Rules of the United States Court of Federal Claims (RCFC). The defendant, the United States, is the owner of record of premises located at 4676 Columbia Parkway, Cincinnati, Ohio 45226. The National Institute of Occupational Safety and Health, a division of the United States Department of Health and Human Services, occupies the property. The plaintiff, the City of Cincinnati, alleges that pursuant to the city’s Stormwater Management Code, the defendant…