B-146147, OCT. 18, 1961
Highlights
CLAYTON MCDONNELL: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 26. CONCERNING YOUR CLAIM FOR DAMAGES ALLEGED TO HAVE BEEN SUSTAINED AS A RESULT OF THE TERMINATION OF LEASE NO. IS PREDICATED UPON THE CONTENTION THAT THE CANCELLATION OF THE LEASE WAS AN IMPROPER EXERCISE OF AUTHORITY BY THE DISTRICT ENGINEER. THE VARIOUS ASPECTS OF YOUR CLAIM WERE THOROUGHLY CONSIDERED IN OUR DECISION OF JULY 25. THE MATTER WAS REVIEWED IN THE LIGHT OF THE CONTENTIONS MADE IN YOUR LETTER OF JULY 29. YOU WERE ADVISED THAT THE PREVIOUS DISALLOWANCE OF YOUR CLAIM WAS SUSTAINED. A COMPLETE RESUME OF THE STEPS TAKEN BY THE ADMINISTRATIVE AGENCIES INVOLVED TO REPOSSESS THE SITE WERE CLEARLY SET FORTH THEREIN AND WILL NOT BE REPEATED.
B-146147, OCT. 18, 1961
TO MR. CLAYTON MCDONNELL:
REFERENCE IS MADE TO YOUR LETTER OF AUGUST 26, 1961, WITH ENCLOSURES, CONCERNING YOUR CLAIM FOR DAMAGES ALLEGED TO HAVE BEEN SUSTAINED AS A RESULT OF THE TERMINATION OF LEASE NO. W-20-064-ENG 1934, DATED JANUARY 2,1947, EXECUTED BY HERBERT L. MCDONNELL AND THE UNITED STATES.
YOUR CLAIM, IN SUBSTANCE, IS PREDICATED UPON THE CONTENTION THAT THE CANCELLATION OF THE LEASE WAS AN IMPROPER EXERCISE OF AUTHORITY BY THE DISTRICT ENGINEER, UNITED STATES ARMY CORPS OF ENGINEERS. THE VARIOUS ASPECTS OF YOUR CLAIM WERE THOROUGHLY CONSIDERED IN OUR DECISION OF JULY 25, 1961, AND THE MATTER WAS REVIEWED IN THE LIGHT OF THE CONTENTIONS MADE IN YOUR LETTER OF JULY 29, 1961. BY A SECOND DECISION OF AUGUST 21, 1961, YOU WERE ADVISED THAT THE PREVIOUS DISALLOWANCE OF YOUR CLAIM WAS SUSTAINED. A COMPLETE RESUME OF THE STEPS TAKEN BY THE ADMINISTRATIVE AGENCIES INVOLVED TO REPOSSESS THE SITE WERE CLEARLY SET FORTH THEREIN AND WILL NOT BE REPEATED. THAT ACTION FULLY COMPLIED WITH APPLICABLE LAWS AND REGULATIONS. THE TERMS OF THE LEASE, WHICH CONTAINED A 30 DAY CANCELLATION PROVISION, WERE STRICTLY ADHERED TO, AND NO LEGAL OR EQUITABLE RIGHTS OF THE LESSEE WERE DISREGARDED.
SOME OF THE ARGUMENTS AND CONTENTIONS SET FORTH IN YOUR LETTER OF AUGUST 26, 1961, ARE SO VAGUE AND INDEFINITE THAT SPECIFIC REPLIES THERETO CANNOT BE UNDERTAKEN. THE BALANCE THEREOF ARE ENTIRELY IRRELEVANT OR IMMATERIAL TO THE TRANSACTION HAVING NO BEARING THEREON. ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED, AND WE ARE COMPELLED TO ADVISE YOU THAT UNLESS NEW AND MATERIAL EVIDENCE OR MATTERS NOT HERETOFORE CONSIDERED ARE SUBMITTED, ANY FUTURE CORRESPONDENCE WILL BE FILED WITHOUT ACKNOWLEDGMENT OR REPLY.