Beuré-Co. v. United States

OPINION

ANDEWELT, Judge.

This is a regulatory takings action. Plaintiff Beuré-Co.’s claim that its property was “taken” in violation of the fifth amendment is based on the Army Corps of Engineers’ (Corps) denial of permits that would authorize plaintiff to add fill to and to construct a mini-warehouse on a tract of land owned by plaintiff in Eagan, Minnesota. The case is presently before the court on defendant’s motion under RUSCC 12(b)(1) and 12(b)(4) to dismiss the complaint on the ground that plaintiff’s takings claim is not ripe for judicial review. For the reasons set forth herein,…