Quimbee logo
DMCA.com Protection Status
From our private database of 17,300+ case briefs...

Hornstein v. Barry

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


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


Holding and Reasoning (Schwelb, J.)

Concurrence/Dissent (Reilly, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 457,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,300 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial