- 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