DocketNumber: No.99-79L
Citation Numbers: 221 Ct. Cl. 876
Judges: Friedman, Kashiwa, Kunzig
Filed Date: 9/28/1979
Status: Precedential
Modified Date: 11/23/2022
This litigation was instituted to recover the constitutionally guaranteed just compensation, plus interest, due to Manhatan Ford for the taking of its property by the United States for a public use. Plaintiff has filed, pursuant to Rule 101(d) of the rules of this court, a motion for summary judgment in its favor on the issue of liability for the reason that there is no genuine issue as to any material fact and the plaintiff is entitled to judgment as a matter of law. Defendant, in its response to plaintiffs motion, admits that it has been in possession of the premises in controversy during the period from July 31,1978, until the present, and concedes that it is liable for just compensation to the plaintiff for this occupancy.
In view of the admission by defendant and since defendant concedes liability for just compensation, plaintiffs motion for summary judgment on the issue of liability is hereby allowed and judgment is hereby entered in favor of the plaintiff and against defendant. The case is remanded to the trial division pursuant to the provisions of