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CAPITAL AUTO SALES v. DISTRICT OF COLUMBIA

No. 09-CV-335.

1 A.3d 377 (2010)

CAPITAL AUTO SALES, INC., et al., Appellants, v. DISTRICT OF COLUMBIA, et al., Appellees.

District of Columbia Court of Appeals.

Decided August 5, 2010.

Attorney(s) appearing for the Case

Anthony M. Rachal III for appellants.

James C. McKay, Jr., Senior Assistant Attorney General, with whom Peter J. Nickles, Attorney General for the District of Columbia, Todd S. Kim, Solicitor General, and Donna M. Murasky, Deputy Solicitor General, were on the brief, for appellees.

Before RUIZ and KRAMER, Associate Judges, and FARRELL, Senior Judge.

FARRELL, Senior Judge:

Appellants, licensed used car dealers in the District of Columbia, challenge a rule issued by the Director of the Department of Consumer and Regulatory Affairs ("the Director" or "DCRA") that restricts their ability to store motor vehicles on outside lots. The Director adopted the regulation after repeated inspections revealed conditions attendant on the outside storage of used vehicles purportedly held for sale that, in the Director's view...

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