Lee's Ford Dock, Inc.
Lee's Ford Dock, Inc. appealed a decision regarding damages from the government's actions affecting its marina concession. The Board granted summary judgment in favor of the government.
Material Facts
- The government entered into Lease No. DACW62-1-00-0105 with LFD for commercial concession purposes at the Wolf Creek Dam-Lake Cumberland project on 29 August 2000.
- The lease had an effective date of 1 September 2000 and was for a term of 25 years, ending 31 August 2025.
- Condition 9 of the Lease states that the government has the right to manipulate the level of the lake and that LFD shall have no claim for damages on account thereof.
- LFD filed for bankruptcy under Chapter 11 on 5 July 2012.
- The district engineer issued a final decision denying LFD's claim on 26 August 2013.
Parties
- Appellant
- Lee's Ford Dock, Inc.
- Respondent Agency
- U.S. Army Engineer District, Nashville
- Contract Number
- DACW62-1-00-0105
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