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Clifton Street, LLC v. District of Columbia, et al

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Argued April 12, 2011

Before GLICKMANand BLACKBURNE-RIGSBY, Associate Judges, and EPSTEIN, Associate Judge, Superior Court of the District of Columbia.*fn1

Appellant 1303 Clifton Street, LLC, (“Clifton Street”) challenges the trial court’s denial of its request for declaratory judgment and the trial court’s grant of summary judgment in favor of appellees District of Columbia (“District”) and Lauren Pair,*fn2 administrator for the Rental Conversion and Sales Division (“CASD”) of the District of Columbia’s Department of Housing and Community Development. Appellant planned to convert its property into condominiums and sought a declaratory judgment to exempt it from paying the statutory conversion fee, claiming that its property was “not a housing accommodation” and therefore was not subject to a conversion fee on the sale of its units. There remains a material fact at issue in this case: whether the pre-converted property was exempt from the conversion process. The trial court did not reach this issue because it decided that appellant was either procedurally barred or estopped from seeking status as a non-housing accommodation, and granted summary judgment in favor of appellees. We reverse and vacate the trial court’s grant of summary judgment, with instructions that the trial court remand this case to CASD for further proceedings consistent with this opinion.

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