Tanforan Co. v. United States

Appellant, owner of the Tanforan Race Track, was defendant in a condemnation suit brought by the United States in which an amended final judgment was entered April 16, 1945, condemning the property for use by the Navy at a fixed annual rental. So far as the judgment is pertinent here, it provided that prior to the surrender of possession the government would restore the premises and buildings to the condition existing at the date of entry. On October 1, 1946, appellant, under the caption and court number of the condemnation proceeding, filed an application which it describes as being in the nature of an ancillary and supplemental bill in equity to prevent interference with and to enjoin the enforcement of this judgment. The government moved for a dismissal on the groúnd that the action had been concluded and the judgment therein satisfied by agreement of the parties. The appeal is from the order granting the motion.

A study of the application leaves us in no doubt that the motion was well taken. The pleading alleges that the government made a survey of the cost of restoration, and'that following the survey there were negotiations with appellant culminating in a written agreement…