Bay View, Inc. v. United States

Opinion and Order

WEINSTEIN, Judge.

This case is before the court on defendant’s motion to dismiss pursuant to Rule 12(b) of the Rules of the United States Court of Federal Claims (RCFC). Plaintiff alleges 1 that Congress’ 1995 amendment of section 1606(i) of the Alaska Native Claims Settlement Act (ANCSA), 43 U.S.C. §§ 1601-1629(f) (1994 & Supp. III 1997)2 constitutes a taking of plaintiff’s property (Count I); a breach of trust (Count II); and a breach of contract (Count III).3 The court dismisses Count II for lack of subject matter jurisdiction, see RCFC 12(b)(1), and Counts I and III for…