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DISTRICT OF COLUMBIA v. CARR

No. 91-CV-36.

607 A.2d 513 (1992)

DISTRICT OF COLUMBIA, et al., Appellants, v. Oliver T. CARR, Jr., et al., Appellees.

District of Columbia Court of Appeals.

Decided April 28, 1992.

Attorney(s) appearing for the Case

Lutz Alexander Prager, Asst. Deputy Corp. Counsel, with whom John Payton, Corp. Counsel, and, Charles L. Reischel, Deputy Corp. Counsel, Washington, D.C., were on the brief, for appellants.

William J. Utermohlen, with whom Richard A. Green, Washington, D.C., was on the brief, for appellees.

Before ROGERS, Chief Judge, and FERREN and WAGNER, Associate Judges.

FERREN, Associate Judge:

The District of Columbia appeals the trial court's judgment that the District violated the takings clause of the Fifth Amendment by using its distraint power in appellees' commercial building in a manner inconsistent with the lease agreement between appellees and the distrained tenant. Although concluding that the District acted within its statutory and constitutional authority under the government's taxing levy and distraint powers when it...

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