GK PROP. v. Redevelop. Agcy. of City of San Jose

RENFREW, District Judge.

On March 4 and 11, 1976, the Court heard defendants' motion for dismissal of the above-entitled action because of plaintiffs' failure to comply with the discovery order of the Court dated October 28, 1975. At the latter hearing the Court announced its decision from the Bench granting this motion. In order to understand the import of plaintiffs' failure to comply with the Court's order and the reasons for the Court's action, it is necessary to set forth the background which led to the within motion.

This case, filed on April 1, 1974, is a proceeding in inverse condemnation arising out of 28 U.S.C. § 1331 for an alleged taking without just compensation in violation of the Fifth and Fourteenth Amendments of the Constitution of the United States. The property involved is the former S & H Kress Store between First and Second Streets in the City of San Jose, allegedly within a redevelopment project of the Redevelopment Agency of the City of San Jose and the City of San Jose. Plaintiffs asserted that defendants unreasonably delayed the program and have unreasonably interfered with the ownership of plaintiffs' property by acquisition, demolition, changes of…