United States v. Polar Star Alaska Housing Corp, et al.

This case stemmed from a dispute that arose after a 20 year lease program ended in which Polar Star owned 300 units of family housing located on Eielson Air Force Base, Alaska. Polar Star leased the units back to the Air Force but the parties could not agree on the purchase price or the amount of rent payable for an additional year on the lease. The United States first sent notice of a one-year renewal of the lease, then filed a protective eminent domain action to condemn a five-month leasehold in the houses. Polar Star subsequently appealed a number of the district court's rulings. The court held that the district court correctly decided that the government's notice of renewal successfully renewed the Project Lease for one year; the district court's finding that the expiration date of the Ground Lease was the error, and therefore the lease ran for 23 years, was not clearly erroneous; the district court correctly determined that it lacked jurisdiction to adjudicate the amount of rent due from the Government to Polar Star on the renewal; Polar Star did not file an action in district court, so the only matter before the court was the Government's condemnation action; the district court correctly determined that the condemnation action should be dismissed; Polar Star's entitlement to rent beyond what the Government paid was not asserted on a claim or counterclaim in the district court; and plaintiffs may be entitled to pursue a claim in the Court of Federal Claims. Accordingly, the district court's judgment of dismissal was affirmed. View "United States v. Polar Star Alaska Housing Corp, et al." on Justia Law