Free Answer - District Court of Federal Claims - federal

Case 1:07-cv-00285-MMS

Document 7

Filed 08/06/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) ELIP, LLC,

Hon. Margaret M. Sweeney

No. 07-285

ANSWER ________________________________________ Now comes the Defendant, United States, and admits, denies and avers as follows: 1. Defendant is without knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations in paragraph 1. 2. Defendant is without knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations in paragraph 2. 3. matter. 4. Defendant is without knowledge or information sufficient to form a belief as to the truth The United States admits that it has been made a defendant in the above captioned

or falsity of the allegations in paragraph 4. 5. The allegations contained in paragraph 5 are conclusions of law to which no response is

required. In further response, defendant admits that the Tucker Act, 28 U.S.C. § 1491, is the principal statute conferring jurisdiction on this Court to hear Fifth Amendment takings claims. 6. Defendant admits that it installed a tower for use by air traffic controllers at Lansing City

Airport. 1

Case 1:07-cv-00285-MMS

Document 7

Filed 08/06/2007

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7. 8. 9.

Denied. Defendant admits that it has not paid any rent to plaintiff since September 20, 2002. The allegation contained in paragraph 9 is a conclusion of law to which no response is

required. To the extent matters of fact are alleged, they are denied. 10. 11. Defendant admits that it has not paid any rent to plaintiff since September 20, 2002. Denied. The final unnumbered paragraph of the complaint is plaintiff's demand for relief to which no response is required. The United States denies any allegations of the Complaint, whether express or implied, that are not specifically admitted, denied or qualified herein. AFFIRMATIVE DEFENSE 1. Plaintiff's complaint does not state a claim for which relief can be granted.

Respectfully submitted this 6th day of August, 2007,

RONALD J. TENPAS Acting Assistant Attorney General Environment & Natural Resources Division

s/ Mark T. Romley Mark T. Romley Trial Attorney Natural Resources Section Environment & Natural Resources Division United States Department of Justice P. O. Box 663 Washington, D.C. 20044-0663 Telephone: (202) 305-0458 Fax: (202) 305-0506 2