United States Ninth Circuit

In a lease dispute between the government and the lessor of 300 units of family housing located on an Air Force base, in which the government brought a protective eminent domain action to condemn a five-month leasehold in the houses and the lessor requested that the court determine the amount of rent due on the renewal term, the district court's judgment of dismissal of the action is affirmed, where: 1) the district court correctly decided that the government's notice of renewal successfully renewed the lease for one year; 2) the district court's reformation of the lease on the basis of mistake was not clearly erroneous; 3) the district court correctly determined that it lacked jurisdiction to adjudicate the amount of rent due from the government to the lessor on the renewal; and 4) the district court correctly determined that the government's condemnation action should be dismissed because the government already owned the possessory right it sought to condemn.

Appellate Information

• Decided 02/14/2012
• Published 02/14/2012

Judges

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Thomas F. Geselbracht, John L. Smeltzer