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06/03/86 D.C. Transit System, Inc., v. United States of America

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT


June 3, 1986

D.C. TRANSIT SYSTEM, INC., APPELLANT

v.

UNITED STATES OF AMERICA, ET AL 1986.CDC.180 DATE FILED: JUNE 3, 1986

Before: GINSBURG, Circuit Judge, and WRIGHT* and McGOWAN, Senior Circuit Judges.

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Rules of the District of Columbia Circuit Court of Appeals may limit citation of unpublished opinions. Please refer to the Rules of the United States Court of Appeals for this Circuit.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA; Civil Action No. 80-01261

APPELLATE PANEL:

This matter was reviewed on the record from the United States District Court for the District of Columbia and was briefed and argued by counsel for the parties. The court has considered the issues presented and has determined that no further opinion is in order. See D.C. Cir. R. 13(c).

We conclude that the district court correctly analyzed the case and sensibly identified and interpreted D.C. Code § 8-104 as the dispositive statute. The District never made a conscious or final judgment that the land in question was useless as public space and so should revert to the owners of the abutting property. See D.C. Code § 7-401. Instead, the District consciously and finally determined only that the land remains useful as public space and is advantageously and desirably placed under the "exclusive charge and control" of the Park Service. See D.C. Code 8-104. Thus, for the reasons indicated by the district court in its July 12, 1985, Memorandum, it is

ORDERED and ADJUDGED, by this Court, that the judgment from which this appeal has been taken is affirmed. It is

FURTHER ORDERED, by this Court, sua sponte, that the Clerk shall withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See Local Rule 14, as amended on November 30, 1981 and June 15, 1982. This instruction to the Clerk is without prejudice to the right of any party at any time to move for expedited issuance of the mandate for good cause shown.

APPELLATE PANEL: FOOTNOTES

* At the time this case was argued and considered Judge Wright was a Senior Circuit Judge in regular active service. On June 1, 1986 he took status as a Senior Circuit Judge.

19860603

© 2002 VersusLaw Inc.



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