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BLAKE CONST. CO., INC. v. DISTRICT OF COLUMBIA

No. 13202.

399 A.2d 76 (1979)

BLAKE CONSTRUCTION CO., INC., Appellant, v. DISTRICT OF COLUMBIA et al., Appellees.

District of Columbia Court of Appeals.

Decided March 1, 1979.

Attorney(s) appearing for the Case

Robert F. Condon, Washington, D. C., was on brief, for appellant.

Louis P. Robbins, Acting Corp. Counsel, Richard W. Barton, Deputy Corp. Counsel, and Dennis McDaniel, Asst. Corp. Counsel, Washington, D. C., were on brief, for appellees.

Before KELLY, NEBEKER and YEAGLEY, Associate Judges.

NEBEKER, Associate Judge:

The appellant seeks reversal of an order denying its motion for summary judgment and granting the appellees' motion for summary judgment. Appellant contends, as a matter of law, that (1) the District of Columbia City Council may not rescind its conditional vote to close a public alley under D.C.Code 1973, § 7-401 et seq., (2) that such a recision works a "taking" of property for a public...

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