Fordyce v. United States

7 Cl. Ct. 591, 1985 U.S. Claims LEXIS 1033
CourtUnited States Court of Claims
DecidedMarch 12, 1985
DocketNo. 558-79L
StatusPublished
Cited by9 cases

This text of 7 Cl. Ct. 591 (Fordyce v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fordyce v. United States, 7 Cl. Ct. 591, 1985 U.S. Claims LEXIS 1033 (cc 1985).

Opinion

OPINION

MEROW, Judge.

This case arises out of a dispute involving the proper compensation due Samuel W. Fordyce, et al., plaintiffs, for their possessory interest in the building and improvements known as Fordyce Bathhouse. The bathhouse is located in Hot Springs National Park, Hot Springs, Arkansas. Plaintiffs are entitled to the “sound value” of the bathhouse as defined by the Concession Policies Act of 1965, 16 U.S.C. § 20e. Fordyce v. United States, 228 Ct.Cl. 1, 650 F.2d 1191 (1981).

The parties dispute the interpretation and the application of the statute. Plaintiffs maintain they are entitled to reconstruction cost less depreciation, as evidenced by the structure’s condition and prospective serviceability in comparison with a new unit of like kind. Defendant, the United States, argues recovery is limited by the fair market value of the bathhouse.

A trial has been held and briefs have been filed. On the basis of the findings of fact and conclusions of law set forth below, it is determined that plaintiffs are entitled to $152,000, the fair market value of the bathhouse.

Facts

The bathhouse was built by plaintiffs’ ancestor, Samuel W. Fordyce, in 1914 and was opened on March 1, 1915. The plaintiffs operated a bathhouse business under contract with the National Park Service until 1962. In 1962 the Fordyce family closed the bathhouse because business had become unprofitable. This was due largely to the decline in popularity of bathhouses. Between 1962 and 1976 plaintiffs explored alternative uses for the bathhouse. They considered selling the business to a private water company, which wanted to use the building for office space and as an exhibit hall. Plaintiffs also considered using the bathhouse as a health spa. The National Park Service would not allow either use. The building stood vacant until November 1976. On November 1, 1976 the United States acquired plaintiffs’ possessory interest pursuant to the Concession Policies Act of 1965, 16 U.S.C. § 20e.

The bathhouse is located in downtown Hot Springs on “bathhouse row.” There is no on-site or nearby parking available. “Bathhouse row” was placed on the National Register of Historic Places, 16 U.S.C. § 470a, in the fall of 1974. It consists of eight bathhouses, including the Fordyce bathhouse, a visitor’s district, 47 thermal springs, and a promenade along the rear of the bathhouses.

The Fordyce bathhouse is built in the Italian-Spanish Revival style. It contains three floors and a partially unexcavated basement. The building frame consists of load bearing brick masonry exterior walls approximately two feet thick and interior reinforced concrete columns, beams and floor slabs. The exterior masonry walls are faced with glazed brick laid in a diamond-shaped tapestry pattern on the second and third floors, above eight courses of 18-inch by 18-inch soft ivory glazed terracotta block and terra-cotta cove cap and belt course that covers the first floor walls. The terra-cotta is above three course of limestone and one limestone cove cap course. Between the tapestry face brick and roof cornice on the west (front) side of the building is a glazed terra-cotta frieze, approximately four feet tall, which is elaborately designed and highlighted by a double vase pattern between each window. The second and third floor windows, and first floor windows at both ends of the porch, are surrounded with elaborate terracotta borders that include carved heads, Cupid heads, vases, flowers, shields, colonettes and balconies with railings.

[593]*593The front porch is covered by a canopy constructed with copper and a cast bronze facade and escutcheons. The words “FORDYCE BATH HOUSE” are displayed in the stained glass overhang from the canopy. The canopy is supported by 10 bronze chains attached to 10 cast bronze anchor faces located in the building wall.

The gymnasium roof and the roof over the front of the building are covered with clay tile. A tile-covered Italianate roof projection overhangs the front and two sides of the building. The roof is flashed with copper and has copper gutters and downspouts with copper ornaments spaced along the gutters.

The main lobby has a %-inch square vitreous tile floor in a mosaic pattern with a 12-inch mosaic border. The wainscoting is 9-foot 6-inch high polished marble. An ornamental molded plaster cornice surrounds the room. At both ends of the lobby are glazed terra-cotta fountains. Over the polished plate glass front windows are stained glass windows.

The principal first floor room is the main bath hall. It contains many of the 29 oversized vitreous china tubs, each in its own stall. The stall partitions are polished marble, as are two 14-foot long marble benches. The floor is vitreous tile. The highlights of the room are the 14 by 17V2 -foot stained glass skylight, surrounded by a molded plaster cornice, which is above a DeSoto fountain, a terra-cotta sculpture of an Indian Maiden offering a drink to Hernando DeSoto. The first floor also contains cooling and pack rooms, each with tile floors, marble partitions, ceramic tile wainscoting, vitreous china tubs, sitz baths, sinks and drinking fountains.

On the second floor there are dressing rooms and cooling rooms with tile floors, wainscoting, and heart red tidewater wood casement windows.

On the third floor there is a museum. The museum ceiling consists of an arched stained glass skylight surrounded by a molded plaster cornice. The floor is finished with one-inch square tile with a mosaic pattern and a 28-inch mosaic border. At each end of the museum is a room with mosaic tile floors and wood burning fireplaces with walnut mantles. Also on the third floor is the “Hubbard Tub,” a large tile-finished tub with an overhead trolley and monorail system used to lower handicapped customers into the tub. Finally, there is a gymnasium on the third floor. It has a wood floor and wainscot, and a high steel truss framed ceiling.

Transportation between floors is either by an elevator which has circle-headed doorways or by stairs which have marble treads, risers and wrought iron railings with black walnut rails.

The significance of the Fordyce bathhouse was described by the National Park Service when the bathhouse was placed on the National Register of Historic Places as follows:

As few of the great spas of the 19th century in America are still in existence, the Bath House Row in Hot Springs takes on additional significance. This building [Fordyce Bathhouse] is the finest of the group, and is an outstanding example of the Spanish-Italian Revival. The entire group, with their beautiful planting, and the fine Italian Revival fountain which adjoins this building, is the finest row of bath houses left in America. With the new master plan, of which this survey is a part, this building could easily be restored, and with added functions, become an important part of the new master plan. As the American public tires of the infinite standardized motel, such variations as Bath House Row take a new significance and importance, as a valuable part of our heritage.

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Cite This Page — Counsel Stack

Bluebook (online)
7 Cl. Ct. 591, 1985 U.S. Claims LEXIS 1033, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fordyce-v-united-states-cc-1985.