Free Stipulation - District Court of Federal Claims - federal

Case 1:07-cv-00285-MMS

Document 22

Filed 06/10/2008

Page 1 of 2

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

Hon. Margaret M. Sweeney

No. 07-285L

STIPULATION OF LIABILITY ______________________________________________________________________________ On this 10th day of June 2008, Defendant, the United States of America, hereby stipulates, and agrees as follows:

(1)

Defendant hereby stipulates to liability for the temporary physical taking of 1.51 acres of land belonging to Plaintiff (the "subject property") which was the subject of a lease between Coleman Road, LLC and the Federal Aviation Administration dated September 18, 2001 ("the lease").

(2)

The subject property is described as follows:

One and fifty-one hundredth (1.51) acres, more or less, but subject to all legal highways and subsisting rights-of-way located in the West ½ of Section 36, Township 5 North, Range 2 West, in Dewitt Township, Clinton County, Michigan, more particularly described as follows: Commencing at the Southwest corner of the NW 1/4 proceed Easterly along the South line of the NW 1/4 of said Section 36, 1,322 feet to an iron pin hereinafter known as the Point of Beginning. From the Point of Beginning, go North 210 feet to a point; thence East 198 feet to a point; thence North 33 feet to a point; thence East 99 point to a point; thence South 99 feet to a point; thence West 99 feet to a point; thence North 99 feet to a point; thence West 165 feet to a point; thence South 1,497 feet to a point, thence West 33 feet to a point; thence North 1,320 feet to the point of beginning. All bearings are true based on the assumption that the Section lines are true N-S and E-W. 1

Case 1:07-cv-00285-MMS

Document 22

Filed 06/10/2008

Page 2 of 2

(3)

Defendant stipulates that the lease it held on the subject property, which allowed the Federal Aviation Administration to maintain certain structures and an access road thereon, expired on September 30, 2002.

(4)

Defendant stipulates that the temporary physical taking started on October 1, 2002.

(5)

Defendant stipulates that, despite efforts to enter into a new lease with Plaintiff, the temporary physical taking continues to the present and will continue until October 1, 2010.

Respectfully submitted by Defendant this 10th day of June, 2008.

RONALD J. TENPAS Assistant Attorney General Environment and 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 Counsel for Defendant.

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