Prakhin v. United States

Claim Accrual; Jurisdiction; Motion to Dismiss, Rule of the United States Court of Federal Claims (“RCFC”) 12(b)(1); Statute of Limitations, 28 U.S.C. § 2501; Takings Clause, Fifth Amendment to the United States Constitution.

MEMORANDUM OPINION AND ORDER DENYING THE GOVERNMENT’S RENEWED MOTION TO DISMISS A TAKINGS CLAUSE CLAIM

BRADEN, Chief Judge.

I. RELEVANT FACTUAL BACKGROUND. 1

On December 19,1995, Yuriy Prakhin purchased waterfront. property at 3857 Ocean View Avenue, Brooklyn, New York, 11224 (“the Property’)- Compl. at ¶ 1. This real estate is located in the Sea Gate Community, “a gated…