Ness Investment Corp. v. United States

Plaintiffs in this case assert breach of contract and taking claims as a result of actions by the United States Forest Service (Forest Service) surrounding the revocation of a special use permit which authorized development of resort facilities in the Tonto National Forest, Arizona. The case has been submitted to the court upon a joint stipulation of facts. Defendant contends plaintiffs’ claims are barred by res judicata and lack support in the record. After careful consideration of the parties’ submissions and oral arguments, we conclude plaintiffs are not entitled to recover and therefore…