Allen v. United States

119 Fed. Cl. 461, 2015 U.S. Claims LEXIS 22, 2015 WL 303669
CourtUnited States Court of Federal Claims
DecidedJanuary 22, 2015
Docket12-42C; 12-4208C; 12-4209C; 12-4210C; 12-4211C; 12-4212C; 12-4213C; 12-4214C; 12-4215C; 12-4216C; 12-4217C; 12-4218C
StatusPublished
Cited by2 cases

This text of 119 Fed. Cl. 461 (Allen v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allen v. United States, 119 Fed. Cl. 461, 2015 U.S. Claims LEXIS 22, 2015 WL 303669 (uscfc 2015).

Opinion

Pro Se Plaintiffs; Motion for Partial Summary Judgment; Breach of Contract; Contract Interpretation.

OPINION

HORN, J.

FINDINGS OF FACT

Plaintiffs are twelve current or former employees of the United States Department of Agriculture, Forest Service (Forest Service), employed in the Los Padres National Forest in California, who filed a complaint to recover $2,500,000.00 in damages. 1 According to plaintiffs, the damages were caused by the January 15,2008 Los Padres National Forest Quarters Policy announced by the Los Padres National Forest Unit of the Forest Service. Plaintiffs claim that the January 15, 2008 Los Padres National Forest Quarters Policy negatively affects their agreements *464 with the Forest Service for rental of mobile home pads under two theories: count one, Fifth Amendment taking claims, and count two, breach of contract claims. 2 Under the taking theory, plaintiffs claim that the January 15, 2008 Los.Padres National Forest Quarters Policy caused a substantial diminution in the value of their mobile homes, or caused plaintiffs to be unable to sell their mobile homes, which they allege constitutes an uncompensated taking of plaintiffs’ property. 3 Under the breach of contract theory, plaintiffs claim that the January 15, 2008 Los Padres National Forest Quarters Policy constitutes a breach of plaintiffs’ existing “leases and/or contractual relationships” with the Forest Service. After discovery, defendant moved for partial summary judgment on count two of the plaintiffs’ complaint, the breach of contract claims, which is the subject of this opinion.

The original complaint brought by these plaintiffs was filed in the United States District Court for the Central District of California on behalf of the plaintiffs by counsel. Subsequently, however, plaintiffs filed a stipulation of dismissal in that court, and the District Court dismissed the complaint, without prejudice. See Casey D. Allen, et al., v. Ed Schafer, et al., No. 08-8391 (C.D.Cal. Dec. 8, 2009). Several years later, plaintiffs filed their complaint in the United States Court of Federal Claims, represented by different counsel. After a series of further events, plaintiffs now are representing themselves in this court pro se. 4

Plaintiffs allege they currently own, or have owned, mobile homes located on mobile home pads in the Los Padres National Forest in California. While represented by Bennett Rolfe, plaintiffs’ attorney of record-at the time, plaintiffs and the government negotiated, agreed upon, and filed a Joint Stipulation of Facts, which has not been called into question subsequently by any of the plaintiffs and has been cited to by a number -of the plaintiffs in their' responses to defendant’s motion for partial summary judgment. The parties stipulated that the Los Padres National Forest is owned by the United States and managed by the Forest Service. The Forest Service manages numerous mobile home pads throughout the Los Padres National Forest and provides electric hookups, power, water, and sewer suitable for the mobile homes. Plaintiffs entered into rental agreements with the Forest Service to place their mobile homes on the mobile home pads in the Los Padres National Forest, Plaintiffs’ complaint alleges:

At various times prior to January of 2008, the FOREST SERVICE entered into leases and/or contractual relationships with Plaintiffs and/or them predecessors in interest for mobile home pads under which Plaintiffs were given the right to place mobile homes upon such pads and occupy them for an indefinite period of time so long as they remained employed by the FOREST SERVICE at or near the location of the pads and agreed to certain terms and conditions, including periodic rent increases. Plaintiffs or their prede- , cessors in interest were permitted to sell the mobile homes on the pads, provided that they sold them to other FOREST SERVICE employees, Those employees, in' *465 turn would have the same rights of occupancy and sale as the Plaintiffs,

(capitalization in original and internal citation omitted).

Plaintiffs further allege that they relied on the “leases and/or contractual relationships” with the Forest Service in various ways, including “by purchasing new or used mobile homes for placement on the pads, purchasing mobile homes already on the pads and entering into financing arrangements with lenders to acquire the mobile homes.” Plaintiffs allege that they believed they would be able to occupy the mobile home pads “for an indefinite period of time so long as they remained employed by the FOREST SERVICE at or near the location of the pads and agreed to certain terms and conditions, including periodic rent increases.” (capitalization in original). Plaintiffs allege that they “were permitted to sell the mobile homes on the pads, provided that they sold them to other FOREST SERVICE employees” and that “[t]hose employees, in turn would have the same rights of occupancy and sale as the Plaintiffs.” (capitalization in original). The Joint Stipulation of Facts states that, “[plaintiffs based their belief that they could stay in the mobile home park for as long as they were employed by the Forest Service based upon general knowledge or common knowledge or word of mouth.”

As also stipulated to by the parties, plaintiffs lease, or have leased, mobile home pads in three areas of the Los Padres National Forest: Santa Barbara, California; Ojai, California; and Monterey, California. The parties jointly stipulated that, at or around the time when Forest Service employees moved into the mobile home parks, they received a set of documents regarding their tenancy and monthly rent, which the court collectively referred to as the Forest Service Standard Rent Documents. As reflected in the record before the court, the first two pages of the Forest Service Standard Rent Documents are titled Monthly Base Rent Computation Schedule and Monthly Net Rent Computation Schedule and include computation of the base rent and additional rental charges (the Rent Computation Schedules). The third and fourth pages include a Government Quarters Inventory, which identifies information specific to each tenant’s rental pad and owned mobile home. These first four pages do not contain a place for a Forest Service employee or an agency representative signature. The next page of the document set includes a Tenant Rent Notice, which provides information regarding adjustments in rent, as well as a place for the tenant’s signature, but not for an agency representative’s signature.

The following page after the Tenant Rent Notice includes the title, Quarters Assignment Agreement, which provides the specific rent and the date upon which occupancy begins, but does not provide a place for tenant’s signature. The page titled Quarters Assignment Agreement provides, in relevant part: “If occupant is an Agency/Bureau employee, occupancy shall end upon expiration of occupant’s employment at this location, unless previously terminated at the option of either party upon 90 days written notice.” (emphasis in original).

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Bluebook (online)
119 Fed. Cl. 461, 2015 U.S. Claims LEXIS 22, 2015 WL 303669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-united-states-uscfc-2015.