Anaheim Gardens v. United States

OPINION ON RECONSIDERATION1

ROBINSON, Judge:

This case is before the court on defendant’s motion to dismiss for lack of subject matter jurisdiction or, in the alternative, for failure to state a claim for which relief can be granted. Oral argument on the-motion was held on November 8, 1994. For the reasons set forth below, the court now grants defendant’s motion on all counts except plaintiffs’ regulatory taking claim, which must be tried.

*27 Factual Background

During the 1950s and 1960s, Congress enacted legislation to encourage private developers to construct, own and manage housing projects for…