U.S. v. 2.61 ACRES OF LAND, MORE OR LESS

No. 84-2155.

775 F.2d 1375 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. 2.61 ACRES OF LAND, MORE OR LESS, SITUATED IN the COUNTY OF MARIPOSA, STATE OF CALIFORNIA; Wawona Village, a California corporation, et al., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 8, 1985.


Attorney(s) appearing for the Case

Donald B. Ayer, U.S. Atty., Andrew M. Wolfe, Asst. U.S. Atty., Sacramento, Cal., Maria A. Iizuka, Dept. of Justice, Washington, D.C., Martin W. Matzen, San Francisco, Cal., for plaintiff-appellee.

Joseph M. Gughemetti, San Mateo, Cal., for defendant-appellant.

Before POOLE and NELSON, Circuit Judges, and KELLEHER, District Judge.


PER CURIAM:

Appellant Wawona Village, a corporate landowner, appeals from a judgment entered by the district court which determined the amount of just compensation for the taking by eminent domain of certain real property it owned. Because we find the district court abused its discretion by denying appellant's request for a continuance of the trial to allow time for appellant to revive itself through payment of back taxes to the State Franchise Tax Board of California...

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