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price $183,750, closing costs $692.20), with a purchase-money
mortgage in the amount of $147,000, a term of 4 years, and an
interest rate of 8-1/2 percent. Laney did not make any principal
payments on the mortgage, but he made $46,856.25 in interest
payments.5 Laney intended to house 40,000 primates on the Island
to be used by pharmaceutical companies to test drugs and for AIDS
research.
Laney filed for appropriate permits from the Army Corps of
Engineers and a Florida agency. He eventually received the
Florida agency permit, but not the Army Corps of Engineers
permit. He sued in the United State Court of Claims,6 which
denied both sides’ summary judgment motions and remanded the case
for trial. In the meanwhile, Laney could not make mortgage
5 Also, Laney paid at least the following amounts in
connection with R.K.: (a) $9,673.14 in property taxes, (b)
$24,334.45 in engineering and consulting fees, (c) $28,550.22 in
legal fees, (d) $270.50 for permits, and (e) $1,326.74 for
services.
6 The Federal Courts Improvement Act of 1982, Pub. L. 97-
164, 96 Stat. 25, merged the United States Court of Claims into
the newly created Court of Appeals for the Federal Circuit and,
in effect, reconstituted the trial division of the Court of
Claims into a newly created United States Claims Court, a so-
called Article I court. More recently, the United States Claims
Court was renamed the United States Court of Federal Claims.
Federal Courts Administration Act of 1992, Pub. L. 102-572, sec.
902(a)(1), 106 Stat. 4506, 4516. These changes in status and
name do not affect the substance of any action for purposes of
the instant opinion. In order to avoid the confusions attendant
on name and status changes during the course of Laney’s damages
litigation, we will generally refer to the forum for that
litigation as the Court of Claims.
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