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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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