Cavin v. United States

OPINION

LOREN A. SMITH, Chief Judge.

The present case arises out of a longstanding dispute between plaintiffs and the United States Forest Service as to the ownership of a tract of mountain land. The case is before the court on defendant’s motion to dismiss, which is predicated on three grounds: (1) plaintiffs fail to state a claim upon which relief can be granted; (2) plaintiffs’ claim is time-barred under the applicable statute of limitations; and (3) this court lacks subject matter jurisdiction over plaintiffs’ claim. For the reasons set forth below, defendant’s motion to dismiss must be…