Yaist v. United States

ON MOTION FOR PARTIAL SUMMARY JUDGMENT

OPINION

SETO, Judge:

This action is derived from the original complaint brought by Clyde R. Yaist, plaintiff, against the United States, defendant, for the taking by defendant of rights to certain property of Mr. Yaist without just compensation.

This case is currently on remand from the Court of Claims1 to determine four issues, one of which concerns the date of taking, the subject of this opinion. Plaintiff has filed a partial motion for summary judgment to determine only that issue, the date of taking.

For the reasons stated hereinafter, plaintiff’s partial…