Mildenberger v. United States

OPINION AND ORDER

BUSH, Judge.

This takings case is currently before the court on defendant’s motion to dismiss, pursuant to Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (RCFC), defendant’s motion for summary judgment pursuant to RCFC 56, and plaintiffs’ cross motion for summary judgment, pursuant to RCFC 56. For the reasons set forth herein, plaintiffs’ cross motion for summary judgment is denied, defendant’s motion to dismiss is granted in part and denied in part, and defendant’s motion for summary judgment is granted in part and denied in part.

BACKGROUND

In this…