Free Motion to Vacate - District Court of Federal Claims - federal

Case 1:93-cg-00648-SGB

Document 240

Filed 03/06/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) ) ) Plaintiffs, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________ ) LAND GRANTORS IN HENDERSON, UNION, AND WEBSTER COUNTIES, KENTUCKY AND THEIR HEIRS

No. 93-648X Judge Susan G. Braden

PLAINTIFFS' MOTION TO VACATE THE NOVEMBER 24,1998 ORDER In its April 1, 2005 "Interim Report and Memorandum Opinion," Land Grantors in Henderson, Union and Webster Counties, Kentucky v. United States, 64 Fed.Cl. 661, 717-718 (2005) ("Land Grantors I"), the Court indicated that if jurisdiction under 28 U.S.C. §1491(a)(1) was not ultimately exercised and found to be appropriate it would reinstate the Order entered by Judge Merow on November 24, 1998 [Docket No. 65], which limited the scope of the congressional reference to only those landowners who "sold" their properties prior to the filing of declarations of taking. The dismissal of the Tucker Act claim compels Plaintiffs to urge the Court to vacate that 1998 Order, which effectively removed from the case Plaintiffs representing about seventy-five percent (75%) of the total acreage acquired for Camp Breckinridge, and is contrary to the facts, the law and the intent of the sponsors of this congressional reference, prior to issuance of its final report and recommendation on Plaintiffs' remaining equitable claim and consideration by the review panel.

Case 1:93-cg-00648-SGB

Document 240

Filed 03/06/2008

Page 2 of 2

In connection with this motion, Plaintiffs also ask the Court to modify its class definition so that it is consistent with the intent of S. 794, that all former landowners of Camp Breckinridge property (or their heirs) be allowed to participate in any legislative award. Plaintiffs have outlined and summarized in their accompanying supporting Memorandum the amounts that unjustly inured to the benefit of the United States and a suggested methodology for allocation of those amounts consistent with the Court's reasoning in Land Grantors I. Dated: March 6, 2008 Respectfully submitted,

Nancie Marzulla Roger Marzulla MARZULLA & MARZULLA 1350 Connecticut Avenue, N.W. Suite 410 Washington, D.C. 20036 202.822.6760 s/M. Stephen Pitt M. Stephen Pitt Merrill S. Schell Jean W. Bird WYATT, TARRANT & COMBS, LLP 500 West Jefferson Street Suite 2800 Louisville, KY 40202-2898 502.562.7372
20296140.1

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