United States v. Chesapeake Gardens, Inc., and Chespeake Gardens, Inc., No. 2

SOBELOFF, Circuit Judge:

This appeal concerns the proper measure of compensation in a condemnation case instituted by the Government.

The Capehart Act, 42 U.S.C. § 1594 (a), provides that Wherry Act (12 U.S.C. § 1748 et seq.) housing may be acquired by the Government in the discretion of the Secretary of Defense. 1 Pursuant to this authorization, condemnation proceedings were instituted against Chesapeake Gardens, Inc., and Chesapeake Gardens, Inc., No. 2, owner-mortgagors of a Wherry leasehold interest, and they now appeal from a judgment rendered in their favor by the District Court on a jury…