United States Federal Circuit

In a suit brought by the former operator of a resort facility on federal land, seeking compensation from the United States for facilities that were allegedly retained and used by the Bureau of Land Management or by the resort operator's successor, the Court of Federal Claims' dismissal of the complaint for failure to state a claim is affirmed, where: 1) the trial court erred in concluding that the issues were identical to those in another case, and thus issue preclusion did not apply; but 2) the United States did not require the retention of the facilities under Public Law 96-375, so they remained the property of the resort operator and were abandoned.

Appellate Information

• Decided 02/06/2012
• Published 02/06/2012

Judges

• Clevenger

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Thomas C. Nagle, Lane M. Mcfadden