Corby Homes Ltd. Partnership v. United States

OPINION

ROBINSON, Judge:

This case is before the court on defendant’s motion to dismiss plaintiffs’ complaint for lack of jurisdiction or, alternatively, for failure to state a claim upon which relief may be granted. Plaintiffs seek damages for breach of contract and Fifth Amendment regulatory taking.

The issues were fully briefed. On January 14, 1997, defendant filed its motion to dismiss. On February 20, 1997, plaintiffs responded to defendant’s motion. Defendant filed its reply on March 24, 1997. Oral argument was held on April 29, 1997. For the reasons set forth below, the court grants…