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Oh v. National Capital Revitalization Corp.

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Argued September 27, 2010

Before GLICKMAN and THOMPSON, Associate Judges, and SCHWELB, Senior Judge.

In 2005, the Council of the District of Columbia authorized the National Capital Revitalization Corporation (“NCRC”) to exercise the power of eminent domain to acquire property at the Skyland Shopping Center (“Skyland”), located on Alabama Avenue, S.E. On July 8, 2005, NCRC filed a complaint to condemn a property at Skyland owned by appellant Duk Hea Oh (“the Property”), which action resulted in a jury trial to determine just compensation. The jury appraised the Property at $160,000 and the trial court confirmed the jury’s determination. In this appeal, Ms. Oh contends that the trial court erred in (1) striking her affirmative defense that the taking was pretextual; (2) determining that the date of the taking was November 18, 2005, and ordering her to vacate the Property; (3) excluding evidence of comparable sales and settlements; (4) confirming the jury’s appraisement of the Property; (5) ordering Ms. Oh to pay rent to the District in the amount of $1,590 per month commencing on November 18, 2005; and (6) failing to give effect to a (purported) settlement agreement between Ms. Oh and NCRC. We affirm the judgment of the trial court.

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