Stephenson v. United States

37 Fed. Cl. 396, 1997 U.S. Claims LEXIS 36, 1997 WL 87224
CourtUnited States Court of Federal Claims
DecidedFebruary 27, 1997
DocketNos. 768-86L, 298-88L and 299-88L
StatusPublished
Cited by2 cases

This text of 37 Fed. Cl. 396 (Stephenson 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
Stephenson v. United States, 37 Fed. Cl. 396, 1997 U.S. Claims LEXIS 36, 1997 WL 87224 (uscfc 1997).

Opinion

[399]*399 Order

WEINSTEIN, Judge.

This complex Fifth Amendment takings case has been in this court for over ten years. (The court has issued two substantive orders, [400]*400Stephenson v. United States, 33 Fed.Cl. 63 (1994), reconsideration denied, (April 21, 1995), mandamus denied, 66 F.3d 345 (Fed. Cir.1995), which contain detailed discussions of the case’s background and litigation history.) A related case involving some of the property at issue here is now being litigated in a condemnation action in the United States District Court for the Southern District of Texas. United States v. 844 Acres, No. 89-22 (S.D. Texas filed February 24, 1989). Another related condemnation action involving property at issue here has been decided by that court. United States v. 427.87 Acres, No. 89-128 (S.D.Tex. Sep. 13, 1994).

Currently before the court are three opposed government motions. The government asks this court (1) to dismiss the claims for pre-condemnation takings that the district court has agreed to hear, (2) to schedule further proceedings on a claim regarding property not involved in the district court cases, and (3) to dismiss a personal property takings claim. The court grants the first motion, ordering that the pre-condemnation takings claims be dismissed; denies the second motion, ordering a further stay of the 13.12-acre claim; and grants the third motion, dismissing plaintiffs’ claim for a personal property taking of well drilling equipment.

Background

This case concerns the federal government’s alleged taking of the plaintiffs’ mineral estates by fencing off and flooding a large area of their land when it opened the Choke Canyon reservoir and dam in Texas.1 The government filed a formal condemnation action and declaration of taking of the property involved in the federal district court on February 24, 1989, almost three years after the original complaints were filed in this court. In their amended complaint, filed on February 25, 1992, the plaintiffs alleged that the taking took place on May 18,1982.

Plaintiffs’ original complaint was filed in 1986; a second complaint was filed by other plaintiffs in 1988. The actions were consolidated on September 20,1987 and transferred to this judge on November 2, 1990. Plaintiffs amended their complaint in 1992. Cross-motions for summary judgment were denied on March 31, 1994. Stephenson, 33 Fed.Cl. at 75. Further proceedings in this court were stayed pending action by the district court in the two declaration of taking (condemnation) cases involving the property at issue here that were filed by the government on February 24,1989.

On September 13, 1994, the district court entered judgment on one government condemnation case, involving the Snogas’ 13.12-acre tract. United States v. 427.87 Acres, No. 89-128 (S.D.Tex. Sep. 13, 1994). It awarded compensation for the government condemnation as of the date the government filed its declaration of taking, but made no ruling on plaintiffs’ action for damages arising from an alleged pre-1989 inverse condemnation, which it expressly left to this court in an Agreed Order issued on June 23, 1994. In the other government condemnation case involving plaintiffs, the district court, citing this court’s 1995 decision concluding that the district court possessed such authority, Stephenson, 33 Fed.Cl. at 76, granted the claimants’ motion to assert a pre-condemnation taking. United States v. 844 Acres, No. 89-22 (S.D.Tex. July 9, 1996). The district court thus has assumed jurisdiction over a large part of property that is the subject of the action filed in this court, and has agreed to decide whether additional damages may be recovered for an alleged pre-1989 taking.

Plaintiffs’ complaints, as consolidated and amended, involve three distinct claims. First, plaintiffs allege a taking of 844 acres on or about May 18, 1982, as a result of the flooding caused by the operation of Choke Canyon dam, and associated damages of approximately $6.5 million. This claim is now being litigated by the district court in Texas. Second, plaintiffs claim damages of less than $50,000 for a taking on the same date of a separate 13.12-acre parcel of land. The district court has assessed damages as of the 1989 condemnation action by the government. Third, plaintiffs seek damages for the [401]*401alleged taking of one plaintiffs well equipment at or about the time of the 1982 flooding.

Discussion

Three contested motions are pending. First, the government has moved for dismissal of all claims other than that for compensation for a 18.12-acre tract (discussed below), because the district court has assumed jurisdiction of those claims. Plaintiffs request, instead, a continuance of the stay currently in effect. Second, the government has moved for immediate scheduling of further proceedings related to the 13.12-acre tract, because it is not involved in the on-going district court litigation. Plaintiffs request a stay of proceedings on this claim pending final resolution of the related district court litigation. Third, the government has moved for dismissal of any claim based on the alleged taking of well equipment because the plaintiffs failed properly to state such a claim or, alternatively, because the statute of limitations had expired by the time they amended their complaint to add such a claim. Plaintiffs ask that this claim be set for trial.

1. Dismissal of the portions of this case currently before the Texas district court

The government urges this court to dismiss the complaints of all plaintiffs whose claims regard land located in the 844 acres being litigated in the district court in United States v. 844 Acres, No. 89-22. Because that court has assumed jurisdiction of their precondemnation takings claims, no issues remain to be litigated. The government argues that staying the action in this court runs counter to the principle of judicial economy.

Plaintiffs request that the stay be continued. They note that the government is dissatisfied with the district court’s ruling that it can consider the earlier takings claims and may well appeal any unfavorable district court decision.1 2 (Alternatively, plaintiffs might appeal.) Should the Fifth Circuit reverse the district court’s assumption of jurisdiction over the pre-condemnation claims, plaintiffs fear they will have no means to revive those timely filed claims in this court.

As this ease currently stands, the entire controversy will be determined by the district court. The issues in this court are identical to issues in the district court and the parties are the same. Therefore the district court’s decision will be res judicata in this court. See Cooper v. Federal Reserve Bank of Richmond, 467 U.S. 867, 874, 104 S.Ct. 2794, 2798, 81 L.Ed.2d 718 (1984) (“A judgment in favor of either side is conclusive in a subsequent action between them on any issue actually litigated and determined, if its determination was essential to that judgment.”).

The Congress gave the district courts, not this court, jurisdiction over condemnation proceedings. See 40 U.S.C. § 258a.

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53 Fed. Cl. 258 (Federal Claims, 2002)
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42 Fed. Cl. 373 (Federal Claims, 1998)

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Bluebook (online)
37 Fed. Cl. 396, 1997 U.S. Claims LEXIS 36, 1997 WL 87224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephenson-v-united-states-uscfc-1997.