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FRANCO v. DISTRICT OF COLUMBIA

No. 09-CV-204.

3 A.3d 300 (2010)

Samuel N. FRANCO, Appellant, v. DISTRICT OF COLUMBIA, Appellee.

District of Columbia Court of Appeals.

Decided August 26, 2010.

Attorney(s) appearing for the Case

Ralph Werner , Washington, DC, for appellant.

Carl J. Schifferle , Assistant Attorney General, with whom Peter J. Nickles , Attorney General for the District of Columbia, and Todd S. Kim , Solicitor General, and Donna M. Murasky , Deputy Solicitor General, were on the brief, for appellee.

Emil Hirsch , with whom Steven A. Pozefsky , Washington, DC, was on the brief, for Autozone Development Corporation and Autozone Stores, Inc., amici curiae, in support of appellant.

Before GLICKMAN and FISHER, Associate Judges, and WAGNER, Senior Judge.

WAGNER, Senior Judge:

Appellant, Samuel N. Franco, brought this action in Superior Court for injunctive relief and monetary damages under 42 U.S.C. § 1983 alleging that appellee, District of Columbia (District), violated his constitutional rights by taking his private property for redevelopment solely for a private and non-public purpose. Franco claimed that the asserted public purpose for the taking was pretextual. The trial court granted summary judgment for...

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