DON'T TEAR IT DOWN, INC. v. DIST. OF COLUMBIA

No. 12686.

395 A.2d 388 (1978)

DON'T TEAR IT DOWN, INC., Appellant, v. DISTRICT OF COLUMBIA and Howard P. Foley Co., Appellees.

District of Columbia Court of Appeals.

Decided November 6, 1978.


Attorney(s) appearing for the Case

David Z. Sadoff, Washington, D. C., with whom David Bonderman, Washington, D. C., was on the brief, for appellant.

Dennis McDaniel, Asst. Corp. Counsel, Washington, D. C., with whom John R. Risher, Jr., Corp. Counsel when the brief was filed, and Richard W. Barton, Deputy Corp. Counsel, Washington, D. C., were on the brief, for appellee District of Columbia.

William L. Fallon, Washington, D. C., with whom William J. Butler, Jr., Frank M. Northam, and Mitchell W. Dale, Washington, D. C., were on the brief, for appellee Howard P. Foley.

Before GALLAGHER, HARRIS, and MACK, Associate Judges.


HARRIS, Associate Judge:

Appellant Don't Tear It Down, Inc., sought the issuance of a preliminary injunction directed against appellees to delay or prevent the destruction of a historic landmark.1 The trial court denied the motion for a preliminary injunction, but thereafter did grant a motion to enjoin appellees pending this appeal. We vacate the denial of the motion for a preliminary injunction and remand the case for further proceedings...

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