United States Court of Federal Claims November 4, 2003, No. 98-553L (Sartori v. United States)

ORDER

MILLER, Judge.

This case is before the court on defendant’s motion to dismiss Counts II and IV of plaintiffs’ complaint for failure to state a claim, RCFC 12(b)(6), and Count III for lack of subject matter jurisdiction, RCFC 12(b)(1). Plaintiffs own a tract of land that the Government determined to be a wetland subject to federal control.