Mesa Ranch Partnership v. United States

OPINION

LYDON, Judge:

This case is before the court on defendant’s motion to dismiss or, in the alternative, for summary judgment and plaintiff’s opposition thereto. In its complaint, plaintiff, Mesa Ranch Partnership (Mesa Ranch), seeks to recover just compensation for the alleged taking of its property by defendant. Defendant, in its motion, argues that the present action is barred by res judicata because no further significant action has been taken by the government since the United States Court of Claims dismissed the *701same taking claim advanced by plaintiff in Mesa Ranch Partnership v.…