Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-06-01
Review Sought
On Southwest
Home Decision
Full Court Asked
To Act on Lund
Condemnation Suit
BY GEORGE BEvERIDGE

by GEOkGE bEVEHlDGE
The Justice Department today
petitioned the full nine-member
United States Court Of Appeals
to review a 2-1 decision in the
Mayme Riley land condemna-
ton case in Washington's South
west Redevelopment area.
The 2-1 ruling on May II set
aside as too low a $1,000 con-
demnation court award on a
house in the Area B" redevelop-
n1ent project, which Miss Mayme
]. Riley had bought in 1851 for
$3.50.
Today's petition, filed on be-
half Of the Redevelopment Land
Agency, charged that the May
II ruling had violated "all
precedent" in claiming authority
to review the evidence and
credibility of expert witnesses"
heard by a condemnation jury.
1t also charged that the rul-
ing implied the novel view"
that homeowners situated IKE
Miss Riley must be defended
by the court as well as by their
attorneys" It said this view is
"unsupportable."
Three Notes Involved
Miss Riley's $3.50 purchase
price was wrapped up in three
long-term trust notes. She had
paid only $500 down in cash. The
$1,000 award would leave her
still owing about $1,000 on the
notes.
The May II decision did not
hold that the RLA's condemna-
ton price should equal the full
$3.50. But it questioned the
sharp difference between the
price and the, award, and said
the lower court should have
given it more scrutiny. 1t also
said that the Government had
failed to adequately contest evil
dence in favor Of higher award.
The Justice Department petit
ton put particular stress on its
charge that the Court of Appeals
invaded the rights of the con-
demnation Jury in "re-weighing"
evidence.
Gas is necessarily the case
when an appellate court at
temptS to invade the functions
Of the jury and the trial court, "
1t said, numerous mistakes and
neutrality-suspicious. of facts arise
and that is the case here"
Statements Are Criticized !
The petition also strongly at
tackled statements that such
cases can become unequal con-
tests" between the Government, |
rich in talent and resources, and
the near-impoverished property |
owner and that the lower court |
should act as a "parens patriae"
to the property owners.
It said a primary reason justi-
flying a review by the entire
nine-member court was to
settle the issue whether cases
of persons similarly situated to
Mayme Riley are to be tried |
like other Federal Court litiga-
ton or are to be subjected to
some special procedure"
I'VE hazard the guess" the
petition said, THAT this is the
first time an appellate opinion
has expressly directed a Federal
Judge 70 be not impartial"
Far-Reaching Consequences
The petition also stressed that
as the decision stands it couid|
have "far-reaching consequences
on redevelopment. public hous-
ing and numerous other land &C
QUESTION programs.
In addition, the petition de-
Tended the Governments pres
entation Of the condemnation
case and pointed out that nu-
merous other awards-far below
purchase prices--were accepted
without appeal.
1t also questioned that the face
value of multiple trusts in such
cases had any direct relation to
: actual fair value of such prop