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Magdalene Campbell & Fort Lincoln Civic Association, Inc v. Fort Lincoln New Town Corporation, Inc., et al

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Argued March 14, 2012

Before GLICKMAN and EASTERLY, Associate Judges, and FARRELL, Senior Judge.

Magdalene Campbell and the Fort Lincoln Civic Association (collectively, “the Civic Association” or “appellants”), appeal from the trial court’s dismissal of their suit against appellees, Fort Lincoln New Town Corporation, Inc., Fort Lincoln Realty Corporation, Inc., and Michele V. Hagans (collectively, “New Town” or “appellees”), under the District of Columbia Condominium Act (“Condominium Act”).*fn1 Appellants contend that the trial court erred in ruling that their proffered theory of damages is foreclosed by our decision in an earlier phase of this litigation*fn2 and is, in any event, unduly speculative. We agree with appellants that their damages claim is not precluded by Fort Lincoln I, and in light of their proffer, we conclude that the trial court’s rejection of it as too speculative was at best premature. Accordingly, we reverse and remand for further proceedings.

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