Poorbaugh v. United States

ORDER

MOODY R. TIDWELL, III, Judge:

This case is before the court on defendant’s motion to dismiss, or in the alternative, for summary judgment. Plaintiffs alleged that defendant’s negligent actions caused injury to and loss of their property and constituted a taking of their property. Defendant challenged plaintiffs’ complaint based on a lack of subject matter jurisdiction and failure to state a claim.

*630I. Facts

Plaintiffs, Fred W. Poorbaugh and Ruth E. Poorbaugh, are the owners 1 of a twenty acre tract of land situated within and surrounded by the Carson National Forest in Rio Arriba County, New…