Zere v. District of Columbia
District of Columbia Court of Appeals
209 A.3d 94 (2019)
- Written by Robert Cane, JD
Facts
Kebreab Zere (defendant) purchased five of six lots that formed an alley. Zere sought to construct a fence to block the alley and to consolidate the five lots into one lot. The Historic Preservation Review Board denied Zere’s request to consolidate the lots. According to the testimony of nearby residents, the alley had been used daily by the public for at least 36 years. The testimony also indicated that no one had ever asked for permission to use the alley or been observed asking for permission to use the alley. The alley had been blocked briefly only several times over the 36-year period for security measures, which had been implemented by the federal government. The District of Columbia (the district) (plaintiff) sued Zere, seeking declaratory and injunctive relief to prevent Zere from interfering with the public’s use of the alley. The trial court granted summary judgment in favor of the district, finding that a public easement by prescription had been established because the public had used the alley openly, notoriously, and adversely for the 15-year period required by statute. Zere appealed, arguing that the use of the alley had not been adverse.
Rule of Law
Issue
Holding and Reasoning (Blackburne-Rigsby, C.J.)
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