Russian Orthodox Greek Catholic Church - Supreme Court of Alaska

Russian Orthodox Greek Catholic Church

By Supreme Court of Alaska

  • Release Date: 1972-06-26
  • Genre: Law

Description

BOOCHEVER, Justice. OPINION This is an appeal from a denial of prejudgment interest and attorney's fees in an eminent domain
proceeding. The parties have helpfully entered into a Stipulation Regarding Facts and Record on Appeal succinctly setting
forth the factual background 1 which may be summarized as follows. The Alaska State Housing Authority (ASHA) commenced this action on September 19, 1968 by filing a Complaint for Condemnation
and a Declaration of Taking. 2 It sought to condemn two adjoining parcels of land in Kodiak, Alaska, said parcels being
designated as Parcels 8-5 and 8-5a. The fee to Parcel 8-5 was held by the Russian Orthodox Greek Catholic Church of North
America (Church), and the fee to Parcel 8-5a was held by the Fitzgeralds. At the time of the commencement of the action ASHA
had actual notice of a long-term lease whereby the Church had leased Parcel 8-5 to the Fitzgeralds. The lease contained the
following provision:

Comments