United States Federal Circuit

In this case in which defendant United States diverted a stream away from plaintiff's property, depriving it of water, plaintiff instituted two lawsuits against the United States, first in federal district court seeking declaratory, injunctive, and compensatory relief on the basis of alleged violations under the First and Fifth Amendments and damages under the Federal Tort Claims Act, and second in the Court of Federal Claims, seeking declaratory relief and compensatory damages on the basis that the diversion project constituted an unlawful taking in violation of the Fifth Amendment. Judgment of the Claims Court dismissing the matter for lack of subject matter jurisdiction is affirmed, where: 1) the Claims Court does not have jurisdiction over plaintiff's claim because a similar claim remains pending in district court; 2) the district court claim is based on "substantially the same operative facts" as those in the Claims Court proceeding; and 3) it is irrelevant that the relief sought in each forum is non-overlapping or would work a hardship in the form of incomplete relief.

Appellate Information

• Decided 02/26/2015
• Published 02/26/2015

Judges

• Wallach

Court

• United States Federal Circuit

Counsel