Memorandum and Order
KAZEN, Chief Judge.
Pending is a Motion for Partial Summary Judgment by the United State (Docket # 28). For reasons hereinafter discussed, the motion is DENIED.
The present action commenced on June 21, 2001 when the United States filed a Declaration of Taking pursuant to 40 U.S.C. § 258a, the subject of which is 14.36 acres of land owned by Defendants Dale and Abbie Crenwelge. The primary issue in this litigation...
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