Flathead Joint Board of Control of Flathead v. United States

ORDER UPON RECONSIDERATION

MOODY R. TIDWELL, III, Judge:

This case is before the court on defendant’s motion to dismiss.1 Plaintiffs sought award of damages based upon defendant’s alleged breach of statutory, contractual and constitutional obligations relating to the Flat*290head Federal Irrigation and Power Project. Defendant challenged plaintiffs’ complaint based on lack of subject matter jurisdiction or, in the alternative, failure to state a claim for which relief may be granted. Oral argument is deemed unnecessary.

Facts

A The Flathead Project.-

The Flathead project is an irrigation and power…