Eden Memorial Park Association v. United States

In this federal condemnation proceeding an order was entered enjoining Eden Memorial Park Association, owner of two parcels being condemned, from seeking injunctive relief in certain litigation then pending in state courts. Eden appealed, and thereafter moved for an order staying the condemnation proceedings and granting other relief pending disposition of the appeal by this court. At the argument on this motion both Eden and the United States urged us to take the appeal under submission on the merits as well as on the motion for a stay pending disposition of the appeal. This was done.

The land in question is part of a cemetery owned and operated by Eden. It is being condemned for use as a part of the “Interstate System” of highways referred to in the Federal-Aid Highways Act of August 27, 1958, 72 Stat. 885 , 23 U.S.C.A. § 101 , et seq.

On November 1, 1960, the Department of Public Works of the State of California commenced a condemnation proceeding in the Superior Court of the State of California in and for the County of Los Angeles, for the purpose of acquiring this land for the highway purposes described above. An ex parte order for possession was entered by that court.…