March 13, 2006
Appeal of
J. LEONARD SPODEK
NATIONWIDE POSTAL MANAGEMENT
LEASE AGREEMENT
PSBCA No. 5231
APPEARANCE FOR APPELLANT:
J. Leonard Spodek
Nationwide Postal Management
APPEARANCE FOR RESPONDENT:
Carrie M. Branson, Esq.
St. Louis Law Office
United States Postal Service
OPINION OF
THE BOARD ON MOTION FOR RECONSIDERATION
Appellant, J.
Leonard Spodek, has filed a motion
for reconsideration of the
Board's
Under Appellant's lease, Respondent agreed to reimburse Appellant for real estate taxes levied against the property, but provided "[t]he Postal Service is not required to reimburse paid taxes unless the request for reimbursement is made within 18 months after the close of the tax year." Appellant requested reimbursement of the 2001 real estate taxes for the Emerson Post Office at the earliest on July 7, 2003. In its decision, the Board found that the 2001 tax year in Nebraska closed on December 31, 2001, and Appellant's reimbursement request was made more than 18 months after the close of the tax year and therefore was untimely.
In his motion, Appellant repeats previously made arguments that the language in the lease was ambiguous and that, in the interest of uniformity, the Board should have found that the "close of the tax year" language referred to the last date on which the taxes could have been paid before being delinquent, which was in September 2002. The arguments Appellant makes in this motion for reconsideration were previously raised and were fully considered in the Board's decision, and their repetition is not a basis for reconsideration. See The General Store, PSBCA No. 3951, 99-1 BCA ¶ 30,124. Further, Appellant has not shown any factual or legal errors that would warrant changing the decision, or raised any newly discovered or unavailable evidence that would support reconsideration. See Gary W. Noble, PSBCA No. 4094, 00-1 BCA ¶ 30,602; Patricia J. Stevens, PSBCA No. 3272, 94-2 BCA ¶ 26,951; Montgomery-Ross-Fisher, PSBCA No. 1096, 84-3 BCA ¶ 17,607.
Accordingly, the motion for reconsideration is denied and the
Board's Opinion is affirmed.
David I. Brochstein
Administrative Judge
Acting Chairman
I concur:
Norman D. Menegat
Administrative Judge
Board Member