OPINION ISSUED JANUARY 19, 1990
CITY OF ELKINS
No appearance by claimant.
Lowell D. Greenwood, Assistant Attorney General, for respondent.
This claim was submitted for decision based upon the allegations in the Notice of Claim and
Claimant seeks $31,400.89 which is reimbursement for costs incurred as a result of the 1985 flood.
The City of Elkins has received $11,911.11 from the account designated for this flood, but that was
a partial payment. The Governor's flood account is now depleted; therefore, the claimant has not
been paid. Respondent admits the validity and amount of the claim, but states that it was not paid
as the respondent does not have a source of funds to pay it.
While this is a claim which in equity and good conscience should be paid, the Court finds that an
award cannot be made based on the decision in Airkem Sales & Service, et al. vs. Dept. of Mental
Health, 8 Ct.Cl. 180 (1971).
Claim is disallowed.