HESSEY v. BOARD OF ELECTIONS & ETHICS

Nos. 90-680, 90-809.

601 A.2d 3 (1991)

Jay HESSEY, Appellant, v. DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS, et al., Appellees. Gottlieb SIMON, Appellant, v. DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS, et al., Appellees.

District of Columbia Court of Appeals.

Decided November 22, 1991.


Attorney(s) appearing for the Case

Carol R. Golubock, with whom Katherine A. Meyer, Washington, D.C., was on the brief, for appellant in No. 90-680.

Cornish F. Hitchcock, with whom Alan B. Morrison, Washington, D.C., was on the brief, for appellant in No. 90-809.

William H. Lewis, with whom Alice P. McCrory, Washington, D.C., was on the brief, for appellee, the District of Columbia Board of Elections and Ethics.

Vincent Mark J. Policy, Washington, D.C., for intervenor-appellees James Durham, Kenneth Price, the Apartment and Office Bldg. Ass'n of Metropolitan Washington, and the Washington, D.C. Ass'n of Realtors, Inc.

Before ROGERS, Chief Judge, and FERREN, TERRY, STEADMAN, SCHWELB, FARRELL, and WAGNER, Associate Judges, and BELSON, Senior Judge.


ON REHEARING EN BANC

ROGERS, Chief Judge:

Before the en banc court for the first time in a decade is the question of the scope of the right of initiative.1 D.C.Code § 1-281(a) (1987 Repl.). The issue arises in the context of two proposed initiatives that would impose fees or tax surcharges to be deposited in trust funds devoted to low and moderate income housing purposes. The question before the court is whether these initiatives...

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