California Oregon Broadcasting, Inc. v. United States

74 Fed. Cl. 394, 2006 U.S. Claims LEXIS 343, 2006 WL 3333766
CourtUnited States Court of Federal Claims
DecidedNovember 6, 2006
DocketNo. 06-116C
StatusPublished
Cited by5 cases

This text of 74 Fed. Cl. 394 (California Oregon Broadcasting, Inc. 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
California Oregon Broadcasting, Inc. v. United States, 74 Fed. Cl. 394, 2006 U.S. Claims LEXIS 343, 2006 WL 3333766 (uscfc 2006).

Opinion

OPINION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

FIRESTONE, Judge.

This case comes before the court on the plaintiff’s motion for partial summary judgment pursuant to Rule 56 of the Rules of the United States Court of Federal Claims (“RCFC”) and the government’s cross-motion for summary motion, as well as the government’s motion to dismiss for failure to state a claim pursuant to RCFC 12(b)(6).1 The plaintiff, California Oregon Broadcasting, Inc. (“COBi” or “plaintiff’), contends that the National Park Service (“NPS”) breached a lease agreement for a five-acre parcel of land (“Shasta Bally” or “the property”) located near Redding, California, by refusing to renew the lease with COBi for the property for another fifty-year term. The NPS acquired the lease incident to its purchase of the underlying fee interest from the original lessor. COBi contends that the NPS breached the lease because the NPS did not renew the lease with COBi when the lease expired on July 31, 2006. COBi contends that the lease provided it with an option to extend the lease for an additional fifty years. The government argues that the lease did not provide COBi with an option to renew the lease, but rather that it provided only a right of first refusal conditioned on a decision by the NPS to lease the land.2 The government argues that NPS has no intention of releasing the property, but that under NPS regulations it will authorize the use of the property through right-of-way permits. In the alternative, the government argues that the plaintiffs claim fails because its alleged damages are speculative, remote, and unforeseeable. For the reasons stated below, the court agrees with the plaintiff that the terms of the leased provided an option, which COBi exercised according to the terms of the lease. Therefore, the court holds that the government, in refusing to renew the lease, breached the lease with COBi. In addition, the court holds that the damages alleged by COBi are sufficiently foreseeable and directly resulting from the breach of the lease to maintain this action.

BACKGROUND

The lease in dispute was entered into by private parties. On October 23, 1970, Sacramento Valley Television Inc. (“SVTI”) entered into a lease with several individuals under which SVTI leased certain land from Lois Tracy. On December 22,1970, the NPS purchased the land subject to the lease. COBi, which was the parent company of SVTI, succeeded SVTI’s interest in the leasehold and the lease in 1986. The lease, which expired on July 31, 2006, provided for an annual rent of $2,500. As the lessee, COBi has managed the site, used part of the property for its own communications-related functions, and rented the property to various radio and television stations, cellular companies, and other communications-related entities. COBi receives approximately $140,000 in annual rents.

The lease provided as follows:

3. USE OF PREMISES. It is specifically agreed between the parties hereto that Lessee shall have the right on the herein demised premises, to construct, maintain and operate its television transmitting facilities, radio communications, microwave location, and any other electronic communication facilities now in existence or that may hereafter be developed [397]*397as a result of the growth or improvements of the electronic arts and in addition, subject to the conditions herein set forth, Lessee shall have the right to maintain any buildings or structures necessary to house its employees and electronic facilities on the herein demised premises.
Lessee shall have the right, without limitation, to assign, sublet, or underlet any part of said demised premises for any purposes granted hereunder.
* * *
5. ADDITIONAL RIGHTS AND USES. ... It is further understood and agreed between the parties hereto that the use of the 5-acre demised premises for television, radio, microwave and other communication purposes shall be exclusive to Lessee. The Lessor and Crawford Dis-tributees, their successors and assigns, shall not during the term hereof hereafter grant a right to directly or indirectly permit the use of any land described as Parcels 1 & 2 in Exhibit “B” hereto, for television, radio, microwave or other electronic communication purposes without the express written consent of Lessee first had and obtained.
* * *
7. TITLE TO IMPROVEMENTS. It is specifically understood and agreed that all electronic equipment, buildings, and other structures in place or that may hereafter be installed by Lessee shall at all times remain its property, and at the end of said Lease, or sooner termination thereof, Lessee shall have the right and obligation to remove same.
* * *
10. OPTION. At the expiration of the term hereof, Lessee shall have the first right, privilege and option to renew this Lease for a period of fifty (50) years at a rental to be fixed by agreement between said parties and/or their successors in interest. Within ninety (90) days prior to the expiration of said Lease, Lessee shall notify Lessor, in writing, of its election to exercise its option to extend said Lease for the additional term, and shall notify Lessor of the rental which it is willing to pay for said extended term. If said rental is
not acceptable to Lessor or her successors or assigns, then within thirty-five (35) days after the receipt of such written notice, the amount of rental shall be submitted to arbitration. Lessor shall appoint one arbitrator and Lessee shall appoint one arbitrator, and if said arbitrators can not agree, then they shall jointly appoint a third arbitrator, in which event the decision of a majority of the arbitrators shall be conclusive upon Lessor and Lessee and shall be rendered and determined prior to [expiration of the lease on July 31, 2006] August 1, 2006. The cost of such arbitration shall be borne equally by Lessor and Lessee.

Pl.’s Ex. 2 (emphasis added).

On October 10, 2005, COBi notified the NPS in writing that it “intends to exercise its option to renew its mountaintop lease of Shasta Bally for an additional 50-year term.” PL’s Ex. 4. In the letter, COBi proposed, in accordance with the provision for renewing the lease, that the annual rent for the property be $12,538.66 for the first year of the option term, subject to annual adjustments with reference to the Consumer Price Index. PL’s Ex. 4.

In response, on November 1, 2005, the NPS stated that, under California law, the lease provision—“first right, privilege, and option to renew”—gives COBi only “a conditional right of first refusal ... if the NPS determines that it is willing and able to lease the premises again.” PL’s Ex. 5 (emphasis added in NPS letter). The letter further stated that NPS had no intention of releasing the property:

Under applicable law and policy, the NPS cannot offer any party, including COBi, the opportunity to lease the area on Shasta Bally____[A]ll types of authorizations previously issued for communications facilities will be converted to NPS right-of-way permits as those authorizations expire. Unlike leases, NPS right-of-way permits are discretionary and revocable documents issued for ten-year periods, and they do not convey or imply any interest in the land.

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Cite This Page — Counsel Stack

Bluebook (online)
74 Fed. Cl. 394, 2006 U.S. Claims LEXIS 343, 2006 WL 3333766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/california-oregon-broadcasting-inc-v-united-states-uscfc-2006.