Juneau Independent School Dist. v. Smith

FOLTA, District Judge.

By this proceeding plaintiff seeks to condemn the fee-simple title to upland and such possessory interest as may be shown in the tide land abutting thereon, designated tract No. 1 in the complaint and consisting of approximately 3.691 acres.

The Russian Orthodox Greek Catholic Church of North America claims title to the upland by virtue of a patent issued October 25, 1915, to the “Russian Greek Eastern Catholic Orthodox Church of North America”, to whose rights it claims it has succeeded; and littoral rights in the abutting tide land. As against the Church the defendants…