Woods v. Kourmadas, 10985.

• Decision Date: 14 February 1950
• Docket Number: No. 10985.,10985.
• Citation: 180 F.2d 255
• Parties: WOODS, Housing Expediter, v. KOURMADAS.
• Court: U.S. Court of Appeals — Sixth Circuit

180 F.2d 255 (1950)

WOODS, Housing Expediter, v. KOURMADAS.

No. 10985.

United States Court of Appeals Sixth Circuit.

February 14, 1950.

Benjamin Freidson, Washington, D. C. (Paul Marshall, Sanford S. Simms, Cleveland, Ohio, A. M. Edwards, Jr., Washington, D. C., of counsel; Ed Dupree, Hugo V. Prucha, and Benj. Freidson, Washington, D. C., on the brief), for appellant.

Ralph E. Helper, Detroit, Mich. (Larry Middleton, Detroit, Mich., and Harold Helper and Ralph E. Helper, Detroit, Mich., on the brief), for appellee.

Before HICKS, Chief Judge, and MARTIN and McALLISTER, Circuit Judges.

PER CURIAM.

In this action instituted by the Housing Expediter, it appears that appellee is the owner of a three-story building, located in the business and hospital district of Detroit, which was heretofore leased to a single tenant, who, in turn, rented rooms and apartments to the public for living purposes. On January 1, 1947, the premises were vacated and appellee undertook to change them from rented rooms and apartments to a hotel through the expenditure of a considerable sum of money in repairing, remodeling, redecorating, and installing new plumbing and facilities for heating water. On February 3, 1947, appellee filed an application for a license to operate the premises as a hotel, in accordance with the ordinances of the city of Detroit, and thereafter, in keeping with the usual practice of the city, investigations were conducted by the fire department, police department, and various other departments of the city whose approval was required before a hotel license could be issued.

On May 5, 1947, the license to operate a hotel was granted by the city of Detroit. The regular hotel licenses issued by the city of Detroit expired on June 30, 1947, and thereafter, a new license was issued for the premises in question for the period ending June 30, 1948, and subsequently, for the period ending June 30, 1949. During the entire period in which the above mentioned remodeling and alterations were made, the premises were unoccupied. In July, 1947, the building was reopened as a hotel and guests received. The district court found that the rooms had hot and cold running water and combination bath and lavatory; that the apartments had kitchenettes, stoves, and mechanical refrigerators. Upon the opening of the hotel in July, 1947, and thereafter, appellee furnished complete hotel service, including maid service, the furnishing and laundering of linen, telephone service, and the use and upkeep of furniture and fixtures. When the...