Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

CARR v. DISTRICT OF COLUMBIA

February 12, 1974

Oliver T. CARR, Jr., et al., Plaintiffs,
v.
DISTRICT OF COLUMBIA et al., Defendants


Flannery, District Judge.


The opinion of the court was delivered by: FLANNERY

FLANNERY, District Judge.

This case raises the question of whether the District of Columbia may charge abutting land owners a price based on market value for original United States alley space closed by the District under The Street Readjustment Act of the District of Columbia, D.C. Code 1973, Title 7, Chapter 4, 47 Stat. 747, December 15, 1932. It is before the court on cross-motions for summary judgment. Upon consideration of the memoranda submitted in support of and in opposition to the motions and the oral arguments of the parties, the court finds that there is no genuine issue as to any material fact and makes the following findings of fact and conclusions of law:

 Findings of Fact

 1. The plaintiffs, Oliver T. Carr, Jr. and George H. Beuchert, Jr., are trustees under a Joint Venture Agreement of The 1800 M Associates, and hold legal title to Lots 841, 874, 883, 840, 73, 24, 839, 882, 83, 836 and 84 in Square 140, the District of Columbia, for the use and benefit of The 1800 M Associates.

 2. Defendant District of Columbia is a municipal corporation that maintained the public alley abutting plaintiffs' land which is the subject of this suit.

 3. The individual defendants, John A. Nevius, Sterling Tucker, Stanley Anderson, Rockwood H. Forster, Tedson Meyers, Dr. Marjorie H. Parker, Dr. Henry Robertson [Robinson] and the Reverend Carlton W. Veazey are members of the District of Columbia City Council which was vested pursuant to Reorganization Plan No. 3 of 1967 with certain regulatory and other functions formerly vested in the Board of Commissioners, including the closings of alleys in the District of Columbia under Section 7-401, D.C. Code.

 4. On December 7, 1971, plaintiffs filed an application in the Office of the Surveyor of the District of Columbia for closing of the alley abutting Lots 875, 845, 844, 843, 842, 24, 839, 882 and 84, in Square 140. The stated purpose on the application for closing the alley space was to combine the abutting lots surrounding three sides of the alley in order to construct an office building. The entire portion of the alley space to be closed was an original alley owned by the United States.

 5. The Surveyor of the District of Columbia sent plaintiffs' application for closing the alley for review to:

 (a) Department of Highways and Traffic

 (b) Department of Environmental Services

 (c) Public Space Permits and Records Branch

 (d) Fire Department

 (e) Commission for Housing ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.