Hoag v. United States

99 Fed. Cl. 246, 2011 U.S. Claims LEXIS 1283, 2011 WL 2675963
CourtUnited States Court of Federal Claims
DecidedJuly 6, 2011
DocketNo. 11-4C
StatusPublished
Cited by10 cases

This text of 99 Fed. Cl. 246 (Hoag 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
Hoag v. United States, 99 Fed. Cl. 246, 2011 U.S. Claims LEXIS 1283, 2011 WL 2675963 (uscfc 2011).

Opinion

OPINION

HORN, Judge.

FINDINGS OF FACT

On March 22, 2010, the plaintiff, Patricia Hoag, filed claims in the United States District Court for the Middle District of Tennessee for breach of contract and for a declaratory judgment against the United States Department of Veterans’ Affairs (VA). On November 4, 2010, plaintiffs complaint in the United States District Court for the Middle District of Tennessee was dismissed and the case was transferred to the United States Court of Federal Claims. The United States District Court for the Middle District of Tennessee found that jurisdiction to adjudicate contract claims over $10,000.00 resides exclusively in the United States Court of Federal Claims. The court also found that “[t]he Declaratory Judgment Act is not a sufficient basis to provide independent jurisdiction over a claim.” On January 3, 2011, the record was transferred from the United States District Court for the Middle District of Tennessee to this court. Plaintiffs complaint in this court was filed on February 25, 2011.1

In this court, Ms. Hoag requests specific performance and/or damages for what she alleges is a breach of contract under the Tucker Act, 28 U.S.C. § 1491 (2006), the Federal Declaratory Judgment Act, 28 U.S.C. § 2201 (2006), and the Tennessee Declaratory Judgment Act, Tennessee Code Annotated § 29-14-101 et seq. (2011). Plaintiff seeks specific performance to have the VA convey to her title to Lot 1, located at 541 West Stevens Street, Cookeville, Tennessee, for what she alleges was the agreed upon contract price of $45,000.00. In the alternative, Ms. Hoag seeks an unspecified amount of money damages stemming from defendant’s alleged breach of contract, as well as reasonable attorneys’ fees and costs of litigation. Absent specific performance, Ms. Hoag alleges she is entitled to recover both the tax liability she incurred as a result of taking money out of her Individual Retirement Account (IRA) in an attempt to purchase Lot 1 and the lost value of her enjoyment of the property.

According to plaintiff, on October 16, 2001, David Koerner received title to a .25 acre tract of property located in Cookeville, Tennessee. Mr. Koerner’s warranty deed, according to plaintiffs complaint, was recorded. On approximately July 13, 2004, Mr. Koerner subdivided the .25 acre tract into two separate tracts, Lot 1 and Lot 2. On February 14, 2007, Mr. Koerner sold Lot 1, the subject of this lawsuit, to Mr. and Mrs. Charles Sullivan. The plaintiff states the Sullivans’ warranty deed was recorded. On March 12, 2007, Mrs. Sullivan quitclaimed her interest in the property to her husband, which, according to the complaint, also was recorded.

Plaintiff claims that on December 4, 2008, Mr. Sullivan defaulted on his loan and Lot 1 was sold in a foreclosure sale. CitiMortgage was the highest bidder, and assigned its interest to the Secretary of the VA, through a Trustee’s Deed, which also was recorded. According to the plaintiff, the Trustee’s Deed listed an incorrect property description of Lot 1 by referring to the original undivided tract comprised of Lots 1 and 2.

[249]*249Ms. Hoag further alleges that on July 7, 2009, the Asset Manager for the VA in Middle Tennessee accepted Ms. Hoag’s offer of $45,000.00 for Lot 1 located at 541 West Stevens Street, Cookeville, Tennessee. Plaintiff attached as an exhibit to the complaint a document titled “offer to purchase and contract of sale,” signed by both Ms. Hoag and the Asset Manager for the VA. After Ms. Hoag and the VA signed the contract for the sale of Lot 1, at the request of the VA, both parties signed an amendment to extend the closing date to September 20, 2009. According to plaintiff, when defendant failed to close by September 20, 2009, Ms. Hoag again agreed to sign an amendment to further extend the closing date until October 31, 2009. When defendant still failed to close on the property by October 31, 2009, Ms. Hoag filed her complaint for breach of contract for failure to convey the property in the United States District Court for the Middle District of Tennessee on March 22, 2010, which ultimately led to plaintiff filing her February 25, 2011 complaint in this court.

On April 6, 2011, defendant filed a motion to dismiss plaintiff’s complaint in this court for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (RCFC) (2010). In its motion to dismiss, defendant argues that this court does not have subject matter jurisdiction to grant specific performance, based on the Tucker Act, 28 U.S.C. § 1491, the Federal Declaratory Judgment Act, 28 U.S.C. § 2201, or the Tennessee Declaratory Judgment Act, Tennessee Code Annotated § 29-14-101 et seq., as asserted by the plaintiff. Defendant also argues that Ms. Hoag’s only request for monetary damages consists of a claim that she is entitled to a tax refund, and, therefore, she has not satisfied the “full payment rale” that applies to actions seeking a refund of taxes. Count One of plaintiffs complaint, however, alleges breach of contract by the VA, and in her prayer for relief, plaintiff asserts claims for “damages suffered as a result of defendant’s acts or omissions.”

DISCUSSION

“First, ‘subject-matter jurisdiction, because it involves a court’s power to hear a case, can never be forfeited or waived.’” Arbaugh v. Y & H Corp., 546 U.S. 500, 514, 126 S.Ct. 1235, 163 L.Ed.2d 1097 (2006) (quoting United States v. Cotton, 535 U.S. 625, 630, 122 S.Ct. 1781, 152 L.Ed.2d 860 (2002)). “[F]ederal courts have an independent obligation to ensure that they do not exceed the scope of their jurisdiction, and therefore they must raise and decide jurisdictional questions that the parties either overlook or elect not to press.” Henderson ex rel. Henderson v. Shinseki, — U.S.-, 131 S.Ct. 1197, 1202, 179 L.Ed.2d 159 (2011); see also Hertz Corp. v. Friend, — U.S. -, 130 S.Ct. 1181, 1193, 175 L.Ed.2d 1029 (2010) (“Courts have an independent obligation to determine whether subject-matter jurisdiction exists, even when no party challenges it.” (citing Arbaugh v. Y & H Corp., 546 U.S. at 514, 126 S.Ct. 1235)); Special Devices, Inc. v. OEA, Inc., 269 F.3d 1340, 1342 (Fed.Cir.2001) (“[A] court has a duty to inquire into its jurisdiction to hear and decide a case.” (citing Johannsen v. Pay Less Drug Stores N.W., Inc., 918 F.2d 160, 161 (Fed.Cir.1990))); View Eng’g, Inc. v. Robotic Vision Sys., Inc., 115 F.3d 962, 963 (Fed.Cir. 1997) (“[C]ourts must always look to their jurisdiction, whether the parties raise the issue or not.”). “The objection that a federal court lacks subject-matter jurisdiction ... may be raised by a party, or by a court on its own initiative, at any stage in the litigation, even after trial and the entry of judgment.” Arbaugh v. Y & H Corp., 546 U.S. at 506, 126 S.Ct. 1235; see also Rick’s Mushroom Serv., Inc. v. United States,

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Cite This Page — Counsel Stack

Bluebook (online)
99 Fed. Cl. 246, 2011 U.S. Claims LEXIS 1283, 2011 WL 2675963, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoag-v-united-states-uscfc-2011.