Hornstein v. Barry

560 A.2d 530 (1989)

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Hornstein v. Barry

District of Columbia Court of Appeals
560 A.2d 530 (1989)

SC

Facts

Hornstein (plaintiff) owned an apartment complex and wanted to convert the complex into a condominium. A District of Columbia (the District) (defendant) statute provided that owners of rental property could not convert such property into condominiums without the consent of at least 50 percent of the tenants in the complex. The District enacted the statute to combat a rental shortage and to give renters more bargaining power against landlords. Hornstein applied to convert his apartment complex to a condominium, but the District denied the application because he did not have the requisite tenant consent. Hornstein brought suit against the District, claiming the statute was unconstitutional. Hornstein claimed the statute’s lack of standards regarding a tenant’s withholding of consent delegated legislative authority to tenants and thus denied him property without due process. Hornstein also claimed the statute was an unconstitutional taking of property without just compensation. The trial court granted the District’s motion for summary judgment. A panel of the District of Columbia Court of Appeals reversed, finding the statute violated Hornstein’s due process rights and that a genuine issue of material fact existed with respect to Hornstein’s taking claim. The court of appeals granted the District’s petition for en banc review.

Rule of Law

Issue

Holding and Reasoning (Schwelb, J.)

Concurrence/Dissent (Reilly, J.)

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