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Washington, D.C. Association of Realtors, Inc., et al v. District of Columbia

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Argued May 3, 2012

Before GLICKMAN, FISHER, and BECKWITH, Associate Judges.

Appellants — the Washington, D.C. Association of Realtors, Inc., the Greater Capital Area Association of Realtors, Inc., and the Greater Washington Commercial Association of Realtors, Inc. — contend that the Council of the District of Columbia violated the Home Rule Act when it directed the transfer of monies from the Real Estate Guarantee and Education Fund to the District of Columbia’s General Fund for the purpose of balancing the District’s budget for Fiscal Year 2009. Appellants further assert that the diversion of funds contravened the Real Estate Licensure Act of 1982, the legislation that created the Real Estate Fund. In an effort to undo the transfer and to void subsequent special assessments levied to replenish the Real Estate Fund, appellants sued the District in Superior Court, seeking declaratory and injunctive relief. The Superior Court rejected appellants’ arguments, upheld the lawfulness of the Council’s actions, and granted summary judgment to the District. Because we agree that the Council acted within its legislative authority under the Home Rule Act and in accordance with law, we affirm the judgment of the Superior Court.

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