Ministerio Roca Solida v. United States

OPINION AND ORDER

KAPLAN, Judge.

This suit alleges a taking of property without just compensation in violation of the Fifth Amendment. Pending before the Court is the government’s motion to dismiss under Rule 12(b)(1) of the Rules of the Court of Federal Claims for lack of subject matter jurisdiction. The government argues that— pursuant to 28 U.S.C. § 1500—this Court lacks jurisdiction under the Tucker Act because at the time the complaint was filed here, plaintiff had already filed a complaint against the United States in another court based on substantially the same operative facts. For the…