Lakewood Associates, Robert G. Moore, Tax Matters Partner - Page 22

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            introduction of a certified copy of a petition filed by Lakewood                          
            Associates on April 28, 1997, in the U.S. Court of Federal                                
            Claims.  The petition seeks compensation in the amount of $10                             
            million under the Fifth Amendment takings clause for the                                  
            regulatory taking of the Elbow Lake property as a result of the                           
            issuance of the 1989 Manual.  On brief, petitioner had maintained                         
            that Lakewood had abandoned any claim for reimbursement under the                         
            Fifth Amendment for the loss in value of the Elbow Lake property                          
            caused by a regulatory taking.  The petition that respondent                              
            seeks to enter into evidence relates to the issue of whether                              
            Lakewood would have a reasonable prospect to recovery for any                             
            loss that it sustained due to the 1989 Manual and the MOA.  Due                           
            to our holding in this case, we need not address the merits of                            
            respondent's motion to reopen the record and deny it as moot.                             
                  To reflect the foregoing,                                                           
                                                      Decision will be entered                        
                                                for respondent.                                       

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