Thune v. United States

OPINION

MEROW, Judge.

Plaintiff operated a hunting camp on federal land which was destroyed when a controlled burn set by the government escaped. He asserts that the destruction was a taking entitling him to just compensation under the Fifth Amendment to the U.S. Constitution. The matter is currently before the court on defendant’s motion to dismiss for lack of subject matter jurisdiction pursuant to RCFC 12(b)(1) or, in the alternative, for failure to state a claim upon which relief can be granted pursuant to RCFC 12(b)(4). For the reasons stated below, it is determined that plaintiffs cause…