Cascade Development Co. v. United States

ORDER

MOODY R. TIDWELL, III, Judge:

This action came before the court on defendant’s motion to dismiss for lack of jurisdiction or in the alternative, motion for summary judgment. In this case it was unnecessary for the court to consider any matter outside the pleadings to pass on what the court considers to be a purely jurisdictional issue. USCCR 12(c). Therefore, the court addressed the judgment on the pleadings as a motion to dismiss. Defendant contended that plaintiffs claim is not ripe for review because plaintiff has failed to exhaust its available administrative remedies. Plaintiff…