Morris v. United States

OPINION

FUTEY, Judge.

This case comes before the court on defendant’s motion for judgment on the pleadings. Plaintiffs allege that they are restricted by the National Marine Fisheries Service (NMFS), acting pursuant to the Endangered Species Act (ESA), 16 U.S.C. §§ 1531-1544 (1988), from cutting down a small number of trees for personal use, which are located on their half-acre property. This restriction, argue plaintiffs, is a taking of private property for public use without just compensation in violation of the Fifth Amendment of the United States Constitution.

Defendant counters that…