S & M Enterprises v. United States

MICHEL, Circuit Judge.

This is an appeal from the January 29, 1999 decision of the United States Court of Federal Claims granting summary judgment in favor of the government. See S & M Enters. v. United States, 43 Fed.Cl. 210 (1999). Plaintiff-Appellant S & M Enterprises (“S & M”) was the owner of the property located at 207-213 East 36th Street, New York, New York (“the Property”). On June 29, 1987, the United States acquired the Property through eminent domain by filing a Declaration of Taking in the United States District Court for the Southern District of New York. The New York State…