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POTOMAC DEVELOPMENT v. DISTRICT OF COLUMBIA

No. 10-CV-632.

28 A.3d 531 (2011)

POTOMAC DEVELOPMENT CORP., et al., Appellants, v. DISTRICT OF COLUMBIA, et al., Appellees.

District of Columbia Court of Appeals.

Decided September 15, 2011.

Attorney(s) appearing for the Case

William Daniel Sullivan , Washington, DC, for appellants.

Carl J. Schifferle , Assistant Attorney General, with whom Peter J. Nickles , Attorney General for the District of Columbia at the time the brief was filed, Todd S. Kim , Solicitor General, and Donna M. Murasky , Deputy Solicitor General, were on the brief, for appellees.

Before GLICKMAN and BLACKBURNE-RIGSBY, Associate Judges, and EPSTEIN, Associate Judge, Superior Court of the District of Columbia.

EPSTEIN, Associate Judge, Superior Court of the District of Columbia:

The principal issues in this case involve a claim that the District of Columbia effectively took private property even though the owner kept the legal right to use or sell it. A government may accomplish a de facto taking if it announces its intent to take property through an eminent domain proceeding, but then engages in extraordinary delay that leaves...

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