Joe Aulston and Lola Aulston v. The United States

DAVIS, Circuit Judge.

Plaintiffs appeal from the United States Claims Court’s decision granting the Government’s motion to dismiss on the ground that the court lacks jurisdiction under 28 U.S.C. § 1491 (1982). Aulston v. United States, 11 Cl.Ct. 58 (1986) (Wiese, J.). The Claims Court properly held that it lacked the power to decide appellants’ Fifth Amendment taking case in its present procedural posture in view of the Interior Board of Land Appeals’ (IBLA) prior adjudication that appellants had no ownership rights. However, because this case potentially involves fatal statute of limitations…