Flowers Mill Associates v. United States

OPINION AND ORDER

TURNER, Judge.

Plaintiff asserts a regulatory taking claim based on a determination by the Federal Aviation Administration that a building which plaintiff proposed to erect on land adjacent to an airport would constitute a hazard to air navigation. Flowers Mill alleges that the FAA determination deprives it of all use and enjoyment of its property thereby entitling it to just compensation under the Fifth Amendment. The case stands on defendant’s motion to dismiss the complaint on the ground that Flowers Mill has failed to state a claim upon which relief could be granted.1

Plaint…