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120 DELAWARE AVENUE, LLC v. U.S.

No. 04-1733C.

120 DELAWARE AVENUE, LLC, Plaintiff, v. THE UNITED STATES, Defendant.

United States Court of Federal Claims

December 20, 2010.

Attorney(s) appearing for the Case

Daniel C. Oliverio , Hodgson Russ LLP, The Guaranty Building, 140 Pearl Street, Suite 100, Buffalo, NY 14202, for Plaintiff.

Timothy P. McIlmail , United States Department of Justice, Commercial Litigation Branch, Civil Division, 1100 L Street, N.W., 8th Floor, Washington, D.C. 20530, for Defendant.

OPINION AND ORDER DENYING DEFENDANT'S MOTION TO DISMISS

MARY ELLEN COSTER WILLIAMS, Judge.

Plaintiff, 120 Delaware Avenue, LLC ("120 Delaware"), brings this action against the United States, seeking compensation for a Fifth Amendment taking by inverse condemnation. Plaintiff claims that the United States Army Corps of Engineers ("Corps") served its tenants with an official 90-Day Notice to Vacate its building but ultimately did not condemn the property until...

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