Arizona ex rel. Arizona Highway Department v. United States

This case is here on defendant’s motion and plaintiff’s cross motion for summary judgment. The plaintiff is the State of Arizona (Arizona) which brings this action to recover $81,361.18 of the costs it incurred in the removal and relocation of utility facilities owned by El Paso Natural Gas Co. (El Paso) for the construction of an interstate highway. In arriving at our decision we need only consider plaintiff’s first cause of action which is brought under the Tucker Act, 28 U.S.C. § 1491. The facts are as follows:

On September 18, 1950, the United States Forest Service issued a Special Use…