Appeal from the Superior Court of the District of Columbia (LT-51941-99) (Hon Rafael Diaz, Trial Judge)
Before Terry, Steadman, and Glickman, Associate Judges
The opinion of the court was delivered by: Terry, Associate Judge
Appellant Barton appeals from an order granting summary judgment to the District of Columbia in an eviction proceeding. Barton owns and operates Maine Avenue Seafood, Inc., in a building owned by the federal government and managed by the District of Columbia. In November of 1999, the District of Columbia sued Barton for possession in landlord-tenant court when he failed to vacate the premises after the District canceled his month-to-month lease. Barton claims that the trial court erred in not recognizing that the District of Columbia Appropriation Act for Fiscal Year 1999 contained language which entitled him to a new thirty-year lease. He further contends that the trial court's decision violated his rights to due process and equal protection of the laws. We hold that Barton is not entitled to a thirty-year lease, but we also hold that the trial court erred when it failed to consider his due process and equal protection claims. Accordingly, we remand the case for further proceedings.
The Southwest Waterfront in the District of Columbia, along Maine Avenue between 11th and 12th Streets, is the home of the municipal fish wharf and market. See D.C. Code § 37-205.01 (2001) (formerly D.C. Code § 10-137 (1998)). The land is owned by the federal government, but the Mayor of the District of Columbia is authorized to "control, regulate, and operate" it. Id. Using that power, the Mayor has entered into leases with several businesses allowing them to operate from barges moored along the pier and two buildings located on the wharf.
In 1998 the federal government noted that the fish wharf and the neighboring marina had fallen into a dilapidated condition. Congress found that the failure of the District to renew long-term leases with the businesses located there made it difficult for them to obtain financing for maintenance and improvement of the property and was a contributing factor to the poor condition of the area. See H.R. REP. No. 105-670, 105th Cong., 2d Sess., at 22-23 (1998). To improve the waterfront, Congress appropriated $3 million in fiscal year 1999 to the District of Columbia Department of Housing and Community Development ("DHCD") to conduct "a study in consultation with the United States Army Corps of Engineers of necessary improvements to the Southwest Waterfront in the District of Columbia . . . and for carrying out the improvements recommended by the study." District of Columbia Appropriations Act, 1999, Pub. L. No. 105-277, 112 Stat. 2681--124-125 (1998) (the "1999 Appropriation Act"). The appropriation, however, contained the following restriction:
Provided, That no portion of such funds shall be available to the District of Columbia unless the District of Columbia executes a 30-year lease with the existing lessees, or with their successors in interest, of such portions of property not later than 30 days after the existing lessees or their successors in interest have submitted to the District of Columbia acceptable plans for improvements and private financing . . . . Id. at 125.
About a year later, Congress amended this proviso in its 2000 appropriation for the District by changing "existing lessees" to "existing lessees of the Marina." District of Columbia Appropriation Act, 2000, Pub. L. No. 106-113, § 164 (b)(1), 113 Stat. 1529 (1999) (the "2000 Appropriation Act"). The amendment was to "take effect as if included in" the 1999 Appropriation Act. Id. § 164 (b)(2).
Appellant Barton owns and operates Maine Avenue Seafood, Inc., in a building on the waterfront known as the fish market building. Pursuant to the proviso in the 1999 Appropriation Act, the District began negotiating with Barton in December 1998 to replace his month-to-month lease with a thirty-year lease. Negotiations over the lease and improvements to the fish market building continued for several months. Meanwhile, in July 1999, the DHCD and the Army Corps of Engineers completed their study of the area and concluded that the fish market building was in poor condition and was "also poorly located on the site and interrupts traffic patterns." The study reviewed four proposed action plans, one of which included demolishing the building and replacing it with a new one. In discussing the replacement proposal, the study noted that "[w]ithout a Master Plan, replacement in kind is assumed . . . ." *fn1
After the release of the study, negotiations between Barton and the District began to focus on leasing space on one of the barges moored along the dock. *fn2 Barton was willing to move his business to one of the barges, but he balked when he discovered that the barges the District intended to lease to him were currently being leased by other fish wharf tenants. Believing that entering into such a lease would result in litigation with those tenants, Barton refused to lease any space on a barge. Both Barton and the District accused each other of negotiating in bad faith.
In September of 1999, according to Barton's affidavit, *fn3 Carl Johnson, an employee of the District of Columbia authorized to deal with the leases, came to his office and told him, "White trash, you are out of here." Two weeks later, the District gave Barton notice to quit the building because "the current use of the property is inconsistent with improvement plans for the premises." When Barton did not move out, the District brought an action for possession in the Landlord and Tenant Branch of the Superior Court.
In his answer to the complaint, Barton asserted that the 1999 Appropriation Act gave him a statutory entitlement to a lease, that the National Environmental Policy Act ("NEPA"), 42 U.S.C. § 4321 et seq. (1994), precluded the District from evicting him before the filing of an environmental impact statement, and that the eviction proceeding was motivated by racial animus as reflected in Mr. Johnson's "white trash" remark, in violation of his constitutional rights to due process and equal protection. The District moved for summary judgment, arguing that Barton's defenses were beyond the scope of those allowed by the Landlord and Tenant Rules. *fn4 Barton opposed the summary judgment motion and filed his own action against the District in the United States District Court for the District of Columbia. *fn5 Barton also moved in the Superior Court to stay the landlord-tenant case in light of his related complaint in federal court. That motion was apparently denied. *fn6 The Superior Court, in any event, proceeded with the case and granted the District's motion for summary judgment. Putting aside the issue of whether Barton's statutory entitlement claim was precluded by the rules, the court rejected it on the merits, holding that "there is no indication that Congress intended the statute to provide persons in [Barton's] predicament any enforceable rights whatsoever, such as a defense to a possessory action." The court also rejected Barton's defense based on NEPA *fn7 and held that his racial discrimination claim was barred by the limited scope of the Landlord and Tenant rules.
Barton then filed a motion to stay execution of the judgment pending the outcome of his federal court case. He later noted the instant appeal and amended his motion, asking that execution be stayed pending the outcome of the appeal. The trial court granted the amended motion, on condition that ...