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Western Associates Limited Partnership v. Market Square Assocs.

RICO plaintiff failed to allege continuing pattern of racketeering activity by asserting single fraudulent scheme that resulted in single harm to one set of victims, albeit over eight-year time frame.

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The full case caption appears at the end of this opinion.

Rogers, Circuit Judge: In this appeal the court again addresses the continuity prong of the “pattern of racketeering activity” requirement of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. s 1961, et seq. Western Associates Limited Partnership (“Western”) sued various individuals and investors associated with Market Square Associates (collectively, “Market”), its partner in the development of a real estate project known as Market Square. Western alleged violations under RICO and District of Columbia law based on an accounting dispute in the partnership. The district court, applying the multi-factor analysis of Edmondson & Gallagher v. Alban Towers Tenants Association, 48 F.3d 1260 (D.C. Cir. 1995), dismissed the complaint pursuant to Fed. R. Civ. P. 12(b)(6) because Western failed to allege the requisite pattern of racketeering activity. [FOOTNOTE 1] Western contends that in finding the “continuity” element lacking, the district court erred by failing to focus on the length of the time period during which Market’s predicate acts occurred, and misread Edmondson. We disagree, and accordingly we affirm.

I.

Market Square is a mixed-use property in downtown Washington, D.C. that consists of office and retail space and residential condominium units. In 1985, Western, a District of Columbia limited partnership, formed Avenue Associates Limited Partnership (“Avenue Associates”) to “develop, own, manage, and ultimately dispose of the Market Square Project.” In 1987, Western invited Market Square Associates, a Washington, D.C. general partnership, to join Avenue Associates. Upon completion of the construction of the project, Western held a 30 percent limited partnership interest, and Market Square Associates owned a 67.5 percent limited partnership interest and a 2.5 percent general partnership interest.

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