The city filed a motion with the D.C. Supreme Court on August 13, asking that the appraisal be vacated. The court refused, declaring the Act of August 7, 1894, to be an unconstitutional interference in due process and the courts. The city appealed to the D.C. Court of Appeals. While the appeal was being heard, the city attempted to condemn a second piece of cemetery property. But the PHC sued to stop this condemnation proceeding, and on December 23, 1894, the D.C. Superior Court issued an injunction against the city which prevented any second condemnation until the appellate court ruled. The Court of Appeals consolidated both appeals.