Janowsky v. United States

OPINION and ORDER

TURNER, Judge.

Plaintiffs assert entitlement to damages on theories of contract and Fifth Amendment taking. A prior published opinion, Janowsky v. United States, 23 Cl.Ct. 706 (1991), rev’d and remanded, 989 F.2d 1203 (Fed.Cir.1993) (Table), describes their claims.

This opinion addresses (1) defendant’s motion filed April 10, 1995, for summary judgment with respect to plaintiffs’ contract claim (count I of the complaint) and to dismiss plaintiffs’ taking claim (count II of the complaint) and (2) defendant’s motion filed August 4, 1995, to dismiss the complaint to the extent…