Paul v. United States

16 Cl. Ct. 318, 1989 U.S. Claims LEXIS 23, 1989 WL 11771
CourtUnited States Court of Claims
DecidedFebruary 15, 1989
DocketNo. 362-87L
StatusPublished
Cited by1 cases

This text of 16 Cl. Ct. 318 (Paul v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Paul v. United States, 16 Cl. Ct. 318, 1989 U.S. Claims LEXIS 23, 1989 WL 11771 (cc 1989).

Opinion

OPINION

BRUGGINK, Judge.

Before the court is plaintiff C. Lester Paul’s motion for partial summary judgment. Paul has moved that the court hold (1) that his claim is timely before this Court; (2) that the United States took certain property of his on or about June 27, 1977; and (3) that the United States owes interest on his claim. For the reasons which follow, the motion is granted in part.

BACKGROUND

In the early 1970’s, plaintiff, doing business as Viking Petroleum Properties, obtained the oil and gas rights to property owned by William Wells, either directly from Wells or through assignment by Homer Robinson, a lessee of Wells. Wells subsequently sued Paul to terminate the lease to Viking based on an asserted breach of the lease. The suit was filed in the Lawrence County (Kentucky) Circuit Court, and on October 29, 1976, the court entered its judgment terminating the lease and allowing Paul 90 days to enter the property to remove certain oil and gas drilling-related equipment.

Paul did not remove the equipment within 90 days, however, and on May 16, 1977, Wells sought a restraining order to prevent Paul from entering the property. The or[319]*319der issued, but Paul sought and received a dissolution of the restraining order on January 19, 1978. He was then permitted to remove oil and gas equipment from the property under no particular time frame.

Before the property was removed, the Army Corps of Engineers brought suit on June 27, 1977, in the United States District Court for the Eastern District of Kentucky seeking to condemn the land in question. Wells and persons other than Paul were named as defendants. On June 29, 1977, the court entered a judgment condemning the land and transferring ownership to the United States. These condemnation proceedings began before Paul was granted the dissolution of the restraining order.

On April 16, 1980, Paul filed a notice of appearance and was thereafter a defendant in the condemnation action. On May 20, 1987, the district court entered an order determining that the oil and gas equipment on the property was personalty, that it had not been abandoned prior to the condemnation action and that it belonged to Paul. It went on to hold that pursuant to the Tucker Act, 28 U.S.C. § 1491 (1982), Paul’s claims were properly before this court, and by the district court’s order of June 10, 1987, Paul’s claims were transferred here.

DISCUSSION

I. Timeliness

Under 28 U.S.C. § 2501 (1982), a litigant has six years after the accrual of a claim to file an action in this court. Paul alleges that the taking occurred on June 27, 1977, the day the condemnation action was filed. Assuming that was in fact the date of taking, this action should have been commenced before June 27, 1983. In fact the action in this court commenced June 19, 1987. Defendant therefore contends in its answer that the action is time-barred. Plaintiff anticipates defendant’s affirmative defense, however, and asks the court to rule that the action is timely.

The transfer statute, 28 U.S.C. § 1631 (1982), provides that after transfer, the action proceeds as if it had been filed in the transferee court “on the date it was actually filed in or noticed” for the transferor court. To apply section 1631, the original court must necessarily determine that it lacks jurisdiction, that transfer is in the interest of justice, and that the action could have been brought in the transferee court at the time it was filed.

There is no question that section 1631 was properly invoked here. Plaintiff’s claim is for an inverse condemnation of equipment by the United States, and since it exceeds $10,000, the Claims Court clearly has jurisdiction to the exclusion of the district court. Aulston v. United States, 823 F.2d 510, 512 (Fed.Cir.1987); Armijo v. United States, 229 Ct.Cl. 34, 663 F.2d 90 (1981).

By the terms of section 1631, Paul’s complaint is treated as having been filed here on April 16, 1980. For aught that appears thus far, that is within the limitations period. However, plaintiff does not prevail on its motion for partial summary judgment on this issue since the date of the taking, a material fact in determining the timeliness of the claim, remains disputed. The court thus declines to go further, to rule that the action is in fact timely, until defendant has had an opportunity to challenge the asserted date of taking.

II. Collateral Estoppel

Plaintiff seeks, by application of collateral estoppel, to assert in this action all the district court’s fact findings, as well as its ultimate conclusion that there had been a taking by the United States.

Collateral estoppel provides that once a court of competent jurisdiction has decided an issue of fact or law necessary to its judgment, that determination is conclusive in subsequent litigation involving a parly to the prior case. Montana v. United States, 440 U.S. 147, 99 S.Ct. 970, 59 L.Ed.2d 210 (1979). The elements to be established were itemized in Mother’s Restaurant v. Mama’s Pizza, Inc., 723 F.2d 1566, 1569 (Fed.Cir.1983) (footnote omitted):

(1) the issues to be concluded are identical to those involved in the prior action; (2) in that action the issues were raised and “actually litigated”; (3) the determination of those issues in the prior action [320]*320was necessary and essential to the resulting judgment; and (4) the party precluded ... was fully represented in the prior action.

Defendant contends that since the district court found that it did not have jurisdiction over Paul’s inverse condemnation claim, the third element listed above is not met. The court disagrees. There is no question that the district court had jurisdiction over the underlying condemnation action brought by the United States under 28 U.S.C. § 1358. As the court held in United States v. 29.16 Acres, 496 F.Supp. 924, 927 (E.D.Pa.1980) (quoting United States v. 1,629.6 Acres, 503 F.2d 764, 766 (3rd Cir.1974)):

A district court has jurisdiction in a condemnation proceeding brought by the United States to fix the amount of compensation to be awarded, and to apportion the award among the various claimants. This “necessarily includes the power to determine who among the competing claimants owns the condemned land.”

Plaintiff correctly applies that analysis in his reply brief:

The issue of ownership of the equipment therefore arose, since if ownership was in the fee holder (Wells), Wells would get the entire fund, but if ownership was in the tenant, Paul, then Paul would get a proportionate share. 42 U.S. C.

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Related

Paul v. United States
21 Cl. Ct. 415 (Court of Claims, 1990)

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16 Cl. Ct. 318, 1989 U.S. Claims LEXIS 23, 1989 WL 11771, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paul-v-united-states-cc-1989.