Gawzner v. Lebenbaum. Lebenbaum v. Gawzner

The United States condemned the use and occupancy, for a term of 22% months commencing July 10, 1944, of 21 acres of land in Santa Barbara, California, all owned by lessor Gawzner, upon a portion of which was a hotel and other buildings under lease to lessee, Lebenbaum, who was operating the hotel on the leased premises at the time of the condemnation. Lebenbaum’s five year lease still had over two years to run. He also had an option for a five year renewal. To suit its purposes, the Government made changes in the buildings. It returned the property on July 1, 1946.

The condemnation proceeding itself followed a long and tortuous course. A number of pre-trial hearings were had. The late Judge Hollzer, in 1945, filed an opinion wherein he decided certain of the legal issues presented. Upon the death of Judge Hollzer, the case reached the hands of Judge Weinberger. Further hearings in pre-trial and on motions with respect to the pleadings were had before Judge Weinberger. Finally, and before the time set for trial, Gawzner, Lebenbaum and the Government agreed upon the total amount of compensation to be paid, to-wit the sum of $205,000, and judgment was entered for that amount. Then…