No. 19-925

Kebreab Zere v. District of Columbia

Lower Court: District of Columbia
Docketed: 2020-01-24
Status: Denied
Type: Paid
Response Waived
Tags: compensation constitutional-rights due-process eminent-domain fourteenth-amendment prescriptive-easement public-prescriptive-easement taking-clause takings tax-sale
Key Terms:
DueProcess Takings
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Whether the due process law of the Fourteenth Amendment was violated

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether the due process law of the Fourteenth Amendment of the U.S. Constitution was violated when . the District invoked D.C. Code § 47-1382(a)3 for its claim of public prescriptive easement on the total area of the lots? : 2. Whether petitioner, Zere, deserved the right : to compensation as per the taking clause of the Fifth Amendment of the U.S. Constitution? : : 3. Whether the District of Columbia violated the Fourteenth Amendment of the U.S. Constitution by : filing a lawsuit of public prescriptive easement while eminent domain Bill 21-218 was still pending? 4. Whether the District of Columbia violated the . due process law of the Fourteenth Amendment of the U.S. Constitution with regard to: a. To the tax sale of the lots in 1998, 2000, 2002, : 2004 and 2007? b. To the declarations of the affiants and “The Dead Man’s Statue” (D.C. Code § 14-302)? : c. Giving constructive notice of the public prescriptive easement to the predecessor ; / ; owners? ; d. The filing of public prescriptive easement for the first time? e. The testimony of Alice Kelly, Manager of Policy and Governmental Affairs at the District Department of Transportation (DDOT) on eminent domain Bill 21-218? ii LIST OF PROCEEDINGS ; . Court of Appeals of the District of Columbia No. 17-CV-829 : Kebreab Zere, Appellant v. : District of Columbia, Appellee. Date of Decision: June 6, 2019 Date of Rehearing Denial: October 28, 2019 Superior Court of the District of Columbia Case No. 2016 CA 772 B District of Columbia, Plaintiff v. Kebreab Zere, Defendant. Date of Decision: July 7, 2017

Docket Entries

2020-02-24
Petition DENIED.
2020-02-05
DISTRIBUTED for Conference of 2/21/2020.
2020-01-28
Waiver of right of respondent District of Columbia to respond filed.
2020-01-22
Petition for a writ of certiorari filed. (Response due February 24, 2020)

Attorneys

District of Columbia
James Creighton McKay Jr.Office of the Attorney General for the District of Columbia, Respondent
James Creighton McKay Jr.Office of the Attorney General for the District of Columbia, Respondent
Kebreab Zere
Kebreab Zere — Petitioner
Kebreab Zere — Petitioner