Simmons v. United States

53 Fed. Cl. 131, 2002 U.S. Claims LEXIS 181, 2002 WL 1797001
CourtUnited States Court of Federal Claims
DecidedAugust 1, 2002
DocketNo. 02-301L
StatusPublished
Cited by2 cases

This text of 53 Fed. Cl. 131 (Simmons 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
Simmons v. United States, 53 Fed. Cl. 131, 2002 U.S. Claims LEXIS 181, 2002 WL 1797001 (uscfc 2002).

Opinion

[132]*132 ORDER

MILLER, Judge.

This case is before the court on defendant’s motion to dismiss plaintiffs various claims related to the Federal Aviation Administration’s 1962 condemnation of plaintiffs real property located adjacent to Bradley International Airport in Connecticut. At issue is whether plaintiffs claims are barred by the statute of limitations or by the doctrine of res judicata. Argument is deemed unnecessary.

FACTS

On July 1, 1962, the Federal Aviation Administration (the “FAA”), through the State of Connecticut, attempted to condemn plaintiffs property located in East Granby, Connecticut, for the purpose of expanding what is now the Bradley International Airport. Plaintiff filed multiple actions, eventually consolidated by the Connecticut Supreme Court, all challenging the legality of the occupation of plaintiffs land and the state’s attempt to gain title to the property. Pursuant to a stipulation by the parties, judgment entered on January 4, 1978, providing that the State of Connecticut take title to plaintiffs land in exchange for approximately $385,000.00.

Shortly thereafter, plaintiff unsuccessfully attempted to vacate the judgment. Over the next decade, he proceeded to file a number of lawsuits, again alleging the illegal occupation of his land, on various theories including a taking in violation of the United States Constitution, state law trespass and ejectment, and various federal statutes. All of these cases were dismissed on principles of res judicata and collateral estoppel.

On March 15, 1988, the Hon. José A. Cabranes, United States District Judge, United States District Court for the District of Connecticut, sought to “put an end to plaintiffs vendetta and relieve its victims from the burden of vexatious relitigation of these issues.” Simmons v. Burns, No. H-87-732 (JAC), slip. op. at 13 (D.Conn. Mar. 15, 1988). He entered an injunction enjoining plaintiff from filing in any federal court any state or federal claim predicated upon the condemnation of plaintiffs land in East Granby, Connecticut. Id. at 15.

Unchastened by either past defeats or the injunction, plaintiff now sues in the United States Court of Federal Claims, alleging in a three-count complaint that the condemnation of his property in East Granby constituted (1) a breach of contract; (2) an illegal exaction in violation of due process; and (3) a taking of property without just compensation. By separate motion, plaintiff seeks leave to amend the complaint, predicating jurisdiction on 28 U.S.C. § 1331 (2000), to include a pendant claim against James F. Byrnes, Jr., Commissioner, Connecticut Department of Transportation. Both defendant and the putative state defendant move to dismiss under RCFC 12(b)(1) on the ground that the statute of limitations bars plaintiffs claims or, alternatively, under RCFC 12(b)(6) on the ground that the claims are barred by the doctrines of res judicata and collateral estoppel.

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Related

Ware v. United States
57 Fed. Cl. 782 (Federal Claims, 2003)
Simmons v. United States
98 F. App'x 834 (Federal Circuit, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
53 Fed. Cl. 131, 2002 U.S. Claims LEXIS 181, 2002 WL 1797001, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmons-v-united-states-uscfc-2002.