City and County of Honolulu v. United States

The City and County of Honolulu has appealed from a judgment entered by the United States District Court for the District of Hawaii dismissing appellant’s motion, under F.R.C.P. Rule 60(b) (6), 28 U.S.C.A., for relief from a judgment condemning certain interests in land formerly owned by appellant.

In its motion the city asked that the district court “find, determine and declare that the United States as plaintiff did not include the said water system within the property to be condemned * * * and that the right and title to said Water System did not pass and vest in the United States * * * ”. Also that the United States be ordered to restore possession of the water system and cease and desist from exercising dominion or ownership over it. It is further prayed that the court “grant any such other and further relief as may be just, appropriate and proper in the premises.” As will appear, the district court was bound by the limitation of Rule 60(b) to dismiss the motion.

On January 8, 1946, appellee United States filed a petition to condemn for naval purposes the “fee simple title” to certain streets, roads and highways of the city and county, “subject to existing public utility…