Benchmark Resources Corp. v. United States

OPINION

CHRISTINE O.C. MILLER, Judge.

This case is before the court after argument on defendant’s renewed Motion To Dismiss for Lack of Subject Matter Jurisdiction, or, in the Alternative, for Summary Judgment, pursuant to RCFC 12(b)(1) and 56. Defendant urges dismissal on the grounds that the property owners’ claims are not ripe or time-barred by 28 U.S.C. § 2501 (2000 & Supp.2006), for the failure of one plaintiff to file their complaint within the six-year statute of limitations. Alternatively, defendant moves for summary judgment on the ground that all plaintiffs cannot present a…