Opinion of the Court — Spodek v. United States

This writing

Type: Opinion of the Court
Author: Arthur J. Gajarsa
Filed: Dec. 3, 2002
Case: Spodek v. United States
Case status: Decided

Opening text

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GAJARSA, Circuit Judge. J. Leonard Spodek, Rosalind T. Spodek, National Postal Management, and First Nationwide Postal Holdings (collectively “Spodek”) appeal from the order of the United States Court of Federal Claims dismissing Spodek’s complaint for lack of subject matter jurisdiction. Spodek v. United States, 51 Fed.Cl. 221 (2001). Because Spodek’s filing of his appeal with the United States Postal Service (“USPS”) Board of Contract Appeals (“Board”) constituted an election of remedies only with respect to the increased rent, we ajfirmin-part, vacate-in-part, and remand. BACKGROUND A full and complete exposition of the uncontroverted facts may be found in the Court of Federal Claims opinion. See Spodek, 51 Fed.Cl at 221-24. A short summary is presented herein. On September 17, 1971, the United States Postal Service (“USPS”) entered into a ten-year lease for the Schuylkill Station Post Office (“Schuylkill Station”) in Philadelphia, Pennsylvania beginning on August 1, 1971, and ending on July 31, 1981. The lease contained three consecutive five-year renewal options and provided for monthly rental payments of $1,433.33 for the last five-year renewal period. On September 14, 1995, …

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