Here is the opening statement and then the judge's decision of the court case where John Infantino sued the USA saying the VA terminated his lease to Ft Howard illegally. Sociopath Deluxe John D. Infantino completely proved he was 100% in the wrong. He alone is responsible for the Ft. Howard veterans' community development to be a failure. He has done the same to other proposed development all over the world, with many places suffering community tragedy the same as we are. Infantino is the most devastating international foe of all true developers.
USA, Defendant, represented by Sheryl Lynn Floyd , U. S. Department of Justice.
USA, Counter Claimant, represented by Sheryl Lynn Floyd , U. S. Department of Justice - Civil Div..
FORT HOWARD SENIOR HOUSING ASSOCIATES, LLC,, Counter Defendant, represented by Steven H. Jesser , Steven H. Jesser, Attorney at Law, PC.
OPINION
NANCY B. FIRESTONE, District Judge.
Pending before the court is the government's motion for summary judgment, filed pursuant to Rule 56 of the Rules of the United States Court of Federal Claims ("RCFC"). At issue is whether the Department of Veterans Affairs ("VA") properly terminated for default the September 28, 2006 Enhanced-Use Lease ("Lease") between the VA and plaintiff Fort Howard Senior Housing Associates, LLC ("FHSHA") at the Fort Howard VA Medical Center in Baltimore County, Maryland. The Lease was executed pursuant to the VA's authority under 38 U.S.C. §§ 8161-8167 and gave FHSHA the right to occupy the property for a term of 65 years, with an option to extend the Lease for 10 additional years. In exchange for its occupation, FHSHA was required to (1) pay consideration in the form of rent; (2) design, develop and construct a new 10,000 square foot Community-Based Outpatient Clinic ("CBOC") within 39 months; (3) design and construct multi-use residences onsite in compliance with "applicable" state and local laws, codes, and regulations; and (4) protect, preserve, maintain, and repair the property.
After several years, the VA became concerned about the status of the project and, starting in February 2009, the VA began sending notices of default to FHSHA. Ultimately, the VA determined that FHSHA was in default of the Lease and, on August 17, 2009, the VA terminated the Lease for default on the primary grounds that FHSHA had failed to (1) commence construction of the new CBOC such that it would be completed with the timeframe required under the Lease,1 (2) maintain and secure the property, and (3) pay its proportionate share of the utility bills.
FHSHA filed its initial complaint on August 16, 2010 and an amended complaint on June 29, 2012.2 In its complaint, plaintiff asserts that the VA's termination was wrongful on two main grounds: (1) its failure to build the CBOC was excused by the force majeure clause in the Lease, and (2) the government otherwise breached the Lease on various grounds. In its amended answer, the government counterclaimed for breach of the Lease and seeks $313,328.45 as the amount allegedly owed to the government under the Lease.
Here is the determination:
Id. The Termination Notice constituted the designated VA Representative's final decision that the Lease is terminated in its entirety for the following reasons:
1. The defaults identified in the Default Notices constitute a failure to pay Rent, as defined in the Lease. The failure to pay Rent is a material default.
2. FHSHA's failure to maintain the Property and undertake the maintenance required by the Lease at the Property, as described in the Default Notices, are material breaches of the Lease and constitute a failure to pay Rent.
3. FHSHA's failure to secure the Property, as described in Default Notice 2, is a material breach of the Lease and constitutes a failure to pay Rent.
4. FHSHA's failure to maintain insurance on the Property, as described in Default Notice 2, is a material breach of the Lease and constitutes a failure to pay Rent.
5. FHSHA's failure to pay for electrical utilities, as described in Default Notice 1, is a material breach of the Lease.
6. FHSHA has taken no steps to begin the actual development or construction of the Project. FHSHA did not respond to VA's request in Default Notice 2 that FHSHA provide assurances that FHSHA would complete Phase 1 of the Development Plan in accordance with the Lease, including construction and acceptance of the CBOC within thirty-nine (39) months of the Effective Date of the Lease. To date (almost thirty-six (36) months after execution of the Lease), FHSHA has failed to obtain financing for the Project and no lender has been identified and confirmed that it is ready, willing, and able to provide FHSHA the requisite financing to enable FHSHA to construct the CBOC. In addition, no plans have been submitted to VA or the County for review and approval. Further, FHSHA has not started construction of the Project. Accordingly, VA has determined that FHSHA will not be able to meet the deadline of thirty-nine (39) months after the Effective Date of the Lease (December 28, 2009) for construction of the CBOC in accordance with the Lease terms.
Id. at 786-87.
https://www.leagle.com/decision/infdco20150601917
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