U.S. Court of Appeals for the Federal Circuit
Kimco Realty Corp. v. United States
This writing
- Type
- Opinion of the Court
- Author
- Sharon Prost
- Filed
- Oct. 2, 2002
- Case
- Kimco Realty Corp. v. United States
- Case status
- Decided
Opening text
The first passage of the document, as extracted by the source provider.
ON PETITION FOR PERMISSION TO APPEAL PROST, Circuit Judge. ORDER Kimco Realty Corporation and Center-each Mall Associates, L.P. (Kimco) petition for permission to appeal an order certified for immediate appeal by the Court of Federal Claims. The United States has not responded. Kimco sued the United States for recovery of certain common area maintenance charges pursuant to a lease and for certain tax payments. The United States counterclaimed for reimbursement of certain taxes paid to plaintiffs. The Court of Federal Claims decided the issues primarily in the United States’ favor. The Court of Federal Claims directed the parties to file a stipulation regarding damages, which apparently the parties were unable to do. Kimco’s previous attempts to appeal the Court of Federal Claims decision were dismissed by this court on June 27, 2002 as premature because there was no entry of final judgment. Thereafter, Kimco sought and obtained a certification, pursuant to 28 U.S.C. § 1292 (d)(2), that the order involved controlling questions of law and that an immediate appeal from the order may materially advance the ultimate termination of the litigation. The trial court stated that the controll…
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