Blue v. United States

OPINION

FUTEY, Judge.

This regulatory taking case is before the court on defendant’s motion to dismiss pursuant to RUSCC 12(b) or alternatively, for summary judgment. Plaintiffs are co-owners of a tract of land in Escambia County, Florida (County). The land adjoins Naval Air Station Pensacola. In their amended complaint, plaintiffs allege that defendant, by its participation in passage of the Escambia County Airport Land Use Ordinance, improperly restricted use of plaintiffs’ property and thereby effected an unauthorized taking under the Fifth Amendment. Plaintiffs seek that the ordinance data…