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Landmark Land Co., Inc. v. Federal Deposit Insurance Corp.

In a Winstar-related case, judgment for plaintiff for government's breach of contract affirmed because court properly awarded restitution to plaintiff for entire amount of its net loss that was either required or foreseeable under contract; summary judgment in favor of FDIC reversed because claims raised by FDIC failed to satisfy case-or-controversy requirement of Article III of the Constitution.

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Appealed from: United States Court of Federal Claims

Judge Robert H. Hodges, Jr.

This is a Winstar-related case. Landmark Land Company (“Landmark”) appeals from the judgment of the Court of Federal Claims, which awarded $21.5 million to Landmark for the government’s breach of a 1982 contract and $17.7 million to the Federal Deposit Insurance Corporation (“FDIC”) for the government’s breach of a 1986 contract. The court granted summary judgment on the issue of liability, holding the government liable as to both Landmark’s and the FDIC’s claims. The court then conducted a bench trial to establish the amount of damages. Landmark argues that its award was inadequate because it failed to fully compensate Landmark for its performance under the contract. The FDIC has also appealed with respect to its award, for essentially the same reason. The government has cross-appealed, arguing that the trial court erred in making any award to Landmark. The government also argues that the FDIC’s claims must be dismissed, as they do not satisfy the case-or-controversy requirement because the FDIC and the government are not adverse as to these claims. We heard oral argument by the three parties on May 8, 2001.

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