Legal Opinion

Palafox Street Associates, L.P. v. United States

United States Court of Federal Claims

Decided June 30, 2014No. 1:13-cv-00247PublishedCited by 2 opinions

1Opinion of the Court

Election Doctrine; Motion to Dismiss for Lack of Jurisdiction, RCFC 12(b)(1)

OPINION AND ORDER

CAMPBELL-SMITH, Chief Judge

This is a contract ease. The subject contract pertains to the construction and subsequent lease of a federal courthouse. At issue is the parties’ conflicting interpretation of a tax adjustment clause in the lease. See Compl., ECF No. 1, ¶¶ 3, 7,19.

On July 22, 2013, defendant moved to dismiss plaintiffs claim for lack of jurisdiction. Defendant argued, inter alia, that the claim is barred by the election doctrine. See Def.’s Mot., ECF No. 7. On February 12, 2014, the court…

2Cases cited13 opinions

  1. Karen S. Reynolds v. Army and Air Force Exchange ServiceCourt of Appeals for the Federal Circuit · 1988
  2. Placeway Construction Corporation v. The United StatesCourt of Appeals for the Federal Circuit · 1990
  3. Dennis N. Pixton v. B & B Plastics, Inc. (Doing Business as Gambler), Michael Surman, and Russell BringgerCourt of Appeals for the Federal Circuit · 2002
  4. Simon Zunamon v. W. G. Brown, J. P. Brown, Sr., and J. E. (Doc) BrownCourt of Appeals for the Eighth Circuit · 1969
  5. Helen L. Cooley, William O. Cooley, and the 7c Company v. United StatesCourt of Appeals for the Federal Circuit · 2003

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3Cited by2 opinions

  1. Palafox Street Associates, L.P. v. United StatesUnited States Court of Federal Claims · 2015
  2. Rudolph and Sletten, Inc. v. United StatesUnited States Court of Federal Claims · 2015

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