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Urban Development Solutions, LLC v. District of Columbia

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Argued May 5, 2009

Before REID, KRAMER and OBERLY, Associate Judges.

This case concerns Urban Development Solutions, LLC’s (“UDS”) bid proposal challenge to the District of Columbia’s selection of another firm to purchase and develop District-owned land adjacent to a subway station. The trial court dismissed UDS’s lawsuit on the ground that the selection committee enjoyed absolute immunity. UDS appealed; it contends that the District is not shielded by absolute immunity in this case. The District concedes that it does not have absolute immunity; it argues, however, that it is entitled to judgment as a matter of law on UDS’s claims. UDS takes the position that this court should resolve all outstanding issues where there are no disputes of material fact. We conclude that on this record the District is entitled to judgment as a matter of law, and hence, we affirm – on different grounds – the trial court’s judgment dismissing UDS’s lawsuit.

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