Legal Opinion

Mesa Grande Band of Mission Indians v. United States

United States Court of Federal Claims

Decided May 20, 2015No. 14-1051LPublishedCited by 1 opinion

1Opinion of the Court

Claim by an Indian band of a taking arising from interference with its right to an 80-aere tract of land; objective basis for awareness of accrual of claim; 28 U.S.C. § 2501; plausible allegations of entitlement to relief; RCFC 12(b)(6); joinder; RCFC 19

OPINION AND ORDER

LETTOW, Judge.

This case concerns property located in the mountains of northeastern San Diego County, California, and turns on events dating back to 1875. The property at issue is an 80-aere tract (the “1926 Tract”) that has had a small spring providing a source of water in an arid area. See Pl.’s Mem. in Opp’rr to the United…

2Cases cited45 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Scheuer v. RhodesSupreme Court of the United States · 1974
  4. Papasan v. AllainSupreme Court of the United States · 1986
  5. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936

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3Cited by1 opinion

  1. Downey v. United StatesUnited States Court of Federal Claims · 2020

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