Ball v. United States

OPINION

WOOD, Judge:

In this action, before the court on plaintiff’s and defendant’s motions for summary judgment, plaintiff seeks just compensation for an alleged Fifth Amendment taking of property. Defendant denies any taking, and asserts that the petition should be dismissed.

Upon consideration of the pleadings, briefs and affidavits of the parties, and without oral argument, both plaintiff’s and defendant’s motions for summary judgment are denied. Absent appropriate disposition of the case in the interim, the parties shall timely and fully comply with the requirements toward trial specified…