City of Gettysburg v. United States

OPINION

BUSH, Judge.

This takings ease is currently before the court on defendant’s Motion To Dismiss Complaint For Failure To State A Claim Or In The Alternative For Summary Judgment And Memorandum In Support Thereof. For the reasons set forth herein, defendant’s Motion For Summary Judgment is hereby granted.

BACKGROUND

I. Factual Background

Plaintiff, the City of Gettysburg, South Dakota, is an incorporated municipality located in Potter County (City). The City is approximately sixteen miles east of the Oahe Reservoir located on the Missouri River (Reservoir). In the 1960’s, the City obtained…