Gloeckner v. United States

OPINION

YOCK, Judge.

This inverse condemnation action comes before the Court on the defendant’s motion to dismiss pursuant to RCFC 12(b)(1) and (4) for lack of subject matter jurisdiction. In its motion to dismiss, the defendant claims that the plaintiffs, as defendants in an eminent domain proceeding filed by the Government in the United States District Court for the Northern District of California, have interposed the same claim in another “suit or process against the United States”; thereby depriving this Court of subject matter jurisdiction over this inverse condemnation action. 28 U.S.C. §…