Michael H. Johnson and Patricia E. Johnson - Page 9




                                        - 9 -                                         
               Respondent also interviewed members of the City Counsel of             
          Lancaster (LCC) from the relevant time period.  Henry Hearns (Mr.           
          Hearns), a member of the LCC, stated that the LCC had never                 
          discussed condemning the 23d Street property and that the                   
          condemnation was made as a mere accommodation to Mr. Johnson.               
          Mr. Hearns also provided an affidavit to this effect.  Other                
          members of the LCC told respondent that the City of Lancaster had           
          threatened Mr. Johnson with condemnation.  At this point,                   
          respondent was left with more conflicting accounts regarding                
          whether Mr. Johnson had been threatened with condemnation of the            
          23d Street property.                                                        
               At trial, the Court had to determine the credibility of the            
          witnesses and reconcile the conflicting documentary and                     
          testimonial evidence.  Under the facts of this case, the United             
          States was substantially justified at both the administrative and           
          litigation level in positing that neither the LRA nor the LCC had           
          threatened Mr. Johnson with condemnation of the 23d Street                  
          property or, if there had been a threat, that Mr. Johnson did not           
          reasonably believe the threat (because the LCC was providing the            
          condemnation as a convenience to Mr. Johnson).                              













Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011