Legal Opinion
Roth v. United States
United States Court of Federal Claims
Decided September 27, 2006No. Nos. 05-367 L, 05-484 L, 05-537 L, 05-1082 L, 05-1083 L, 05-1173 L, 05-1175 LPublishedCited by 6 opinions
1Opinion of the Court
OPINION
HEWITT, Judge.
Before the court is Defendant’s Motion to Dismiss Pursuant to Rules of the Court of Federal Claims (RCFC) 12(b)(1) and 12(b)(6) and Memorandum in Support Thereof (Def.’s Mot.), Plaintiffs’ Opposition to Motion to Dismiss (Pis.’ Opp.) and Defendant’s Reply Memorandum in Support of Defendant’s Motion to Dismiss (Def.’s Reply). For the following reasons, defendant’s motion under RCFC 12(b)(1) is GRANTED.
I. Background
Plaintiff Gerald E. Roth alleges that the United States effected a taking of his property by the Military Lands Withdrawal Act of 1999 (MLWA) for which he was…
2Cases cited37 opinions
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- Block v. North Dakota Ex Rel. Board of University & School LandsSupreme Court of the United States · 1983
- Yee v. City of EscondidoSupreme Court of the United States · 1992
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