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RESERVATION ELEVEN ASSOCIATES v. DISTRICT OF COLUMBIA

No. 22142.

420 F.2d 153 (1969)

RESERVATION ELEVEN ASSOCIATES, a Limited Partnership, Appellant, v. DISTRICT OF COLUMBIA, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 2, 1969.

Attorney(s) appearing for the Case

Mr. Paul R. Connolly, Washington, D. C., for appellant.

Mr. John R. Hess, Asst. Corporation Counsel for the District of Columbia, with whom Messrs. Charles T. Duncan, Corporation Counsel, Hubert B. Pair, Principal Asst. Corporation Counsel, and Richard W. Barton, Asst. Corporation Counsel, were on the brief, for appellee.

Before BAZELON, Chief Judge, FAHY, Senior Circuit Judge, and LEVENTHAL, Circuit Judge.

LEVENTHAL, Circuit Judge:

This appeal arises over the elements of valuation a jury was allowed to consider in a condemnation proceeding. The appellant, landowner, offered to prove at trial that it had been the practice of the District Commissioners to close alleys upon application, and that the "fair value" of the appellant's land should have been established by a method that treated the alleys as closed, or likely to be closed. The trial judge rejected the proffer...

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