In Castro v. Division of Public Lands, 1997 MP 29 P 2, 5 N. Mar. I. 131, the plaintiff argued that the Public Purpose Land Exchange Authorization ("PPLEA") "authorized this Court to lift the twenty-year statute of limitations on claims against the government for takings of property." Id.
Ordinarily, a party would file a claim with the MPLC, including stale claims, but the plaintiff failed to do this and instead sought to redress his grievances directly with the court. Id.
Castro failed the Cort test because while he was part of the class that the PPLEA sought to protect, there was no indication of legislative intent to create a private right of action, and a private right of action was not consistent with the underlying purposes of the legislative scheme.
The PPLEA allowed a party to make a claim with the MPLC, and if they were unhappy with that resolution, they could appeal that administrative decision to the court. Id.
Castro failed to file an administrative claim, and the Court refused to create a private cause of action for a redress of his grievances. Id.