Justia District of Columbia Court of Appeals Opinion Summaries

Several individuals challenged the validity of the District of Columbia’s Anti-SLAPP Act, which provides defendants in certain lawsuits—those deemed “strategic lawsuits against public participation” (SLAPPs)—with a special motion to dismiss and limits discovery in those cases. The challengers argued that the D.C. Council exceeded its authority under the Home Rule Act by enacting the Anti-SLAPP Act, claiming that its discovery-limiting provisions impermissibly intruded on the procedural rules governing the Superior Court of the District of Columbia, which are set by Title 11 of the D.C. Code.A division of the District of Columbia Court of Appeals previously agreed with the challengers, holding that the Anti-SLAPP Act’s discovery provisions violated the Home Rule Act by interfering with Title 11’s mandate that the Superior Court follow the Federal Rules of Civil Procedure, except as modified by the courts themselves. The division’s decision was subsequently vacated when the full court granted en banc review.The District of Columbia Court of Appeals, sitting en banc, reversed the division’s decision. The court held that the D.C. Council did not exceed its authority under the Home Rule Act by passing the Anti-SLAPP Act. The court reasoned that the Act does not amend Title 11, does not alter the organization or jurisdiction of the District’s courts, does not divest the courts of their rulemaking authority, and does not fundamentally change the court system. Instead, the Act supplements procedures for a limited subset of cases in a manner consistent with Title 11. The court concluded that the Council’s broad legislative authority includes the power to enact such laws, and that the Anti-SLAPP Act does not violate the Home Rule Act. The case was remanded for further proceedings consistent with this opinion. View "Banks v. Hoffman" on Justia Law

Yazam, Inc., operating as Empower, is a private vehicle-for-hire company that provides a digital app connecting drivers with passengers. Unlike other rideshare platforms, Empower sells monthly subscriptions to drivers, who then set their own fares and retain the full payment from riders. The District of Columbia Department of For-Hire Vehicles (DFHV) ordered Empower to cease operations in the District for failing to register as required by law. Empower requested an expedited hearing before the District of Columbia Office of Administrative Hearings (OAH), which upheld the cease-and-desist order.Previously, DFHV had issued a similar order in 2020, which OAH upheld, but the District of Columbia Court of Appeals reversed, finding insufficient proof of immediate and irreparable harm to the public from Empower’s nonregistration. After that decision, DFHV issued a compliance order requiring Empower to register and provide documentation. When Empower did not respond, DFHV issued another cease-and-desist order, citing specific registration statutes and regulations. OAH found that Empower’s failure to register, along with other statutory violations, posed a substantial risk of immediate and irreparable harm, particularly through the impoundment of vehicles belonging to Empower drivers who were unaware of the risks.The District of Columbia Court of Appeals reviewed the OAH decision, applying a standard that requires affirmance if OAH made findings of fact on each contested issue, those findings are supported by substantial evidence, and the conclusions flow rationally from the findings. The court held that OAH properly upheld the cease-and-desist order based on the immediate and irreparable harm caused by Empower’s nonregistration, specifically the risk of vehicle impoundments. The court also rejected Empower’s due process arguments regarding discovery, hearing scheduling, and the telephonic nature of the hearing, finding no abuse of discretion or reversible error. The order of OAH was affirmed. View "Yazam, Inc. d/b/a Empower v. D.C. Department of For-Hire Vehicles" on Justia Law

Three former employees of the District of Columbia Department of Forensic Sciences were terminated as part of a reduction in force. They appealed their terminations to the Office of Employee Appeals (OEA), which upheld the terminations in separate orders issued in August 2023. The OEA’s decisions became final in October 2023, and the employees were required to file petitions for judicial review in the Superior Court of the District of Columbia within thirty days. However, each employee filed their petition more than two months after the deadline, attributing the delay to their union counsel’s failure to file timely and seeking extensions based on excusable neglect.The Superior Court of the District of Columbia reviewed each petition. In Ms. Gilliam’s case, the court ruled that the thirty-day deadline was mandatory and could not be extended for excusable neglect. In Ms. Washington’s case, the court similarly found the deadline mandatory but also ruled, in the alternative, that she had not shown excusable neglect. In Ms. Ruiz-Reyes’s case, the court did not address whether the deadline was mandatory, instead finding that she had not established excusable neglect.The District of Columbia Court of Appeals held that the thirty-day deadline for seeking Superior Court review of OEA decisions can be extended upon a showing of excusable neglect. The court affirmed the Superior Court’s dismissal of Ms. Ruiz-Reyes’s petition, finding no abuse of discretion in the determination that she had not shown excusable neglect. However, the court vacated the dismissals of Ms. Gilliam’s and Ms. Washington’s petitions and remanded those cases for further proceedings, instructing the Superior Court to reconsider the excusable neglect issue without relying on an erroneous finding of prejudice to the agency. View "Gilliam v. D.C. Department of Forensic Sciences" on Justia Law

An unlicensed cannabis establishment, DC Smoke, applied for a medical cannabis retailer license under the District of Columbia’s Medical Cannabis Amendment Act of 2022, which allowed such applications during a designated 90-day period. Advisory Neighborhood Commission (ANC) 2C, the only entity permitted by statute to protest such applications at that time, submitted a formal protest to the District of Columbia Alcoholic Beverage and Cannabis Board. After a protest hearing and review of evidence, the Board approved DC Smoke’s application in a written order issued on May 1, 2024.Following the Board’s decision, ANC 2C filed a petition for review with the District of Columbia Court of Appeals on May 31, 2024. The court questioned the ANC’s standing to seek judicial review, referencing its prior decision in Kopff v. D.C. Alcoholic Beverage Control Board, which held that ANCs are prohibited by D.C. Code § 1-309.10(g) from initiating legal actions in the District’s courts. In response, ANC 2C Commissioner Thomas Lee filed his own petition for review, but did so after the thirty-day deadline required by D.C. App. R. 15(a)(2).The District of Columbia Court of Appeals held that ANC 2C lacked standing to petition for review because the statutory prohibition on ANCs initiating legal actions in court was not implicitly repealed by the Medical Cannabis Amendment Act. The court further determined that the requirement to name a proper petitioner in a petition for review is jurisdictional, preventing the ANC from adding or substituting Commissioner Lee as a petitioner. Additionally, the court held that the thirty-day filing deadline for petitions for review is a mandatory claim-processing rule not subject to equitable tolling. As a result, both the ANC’s and Commissioner Lee’s petitions were dismissed, and the court declined to consider the merits of the Board’s licensing decision. View "ANC 2C v. D.C. Alcoholic Beverage and Cannabis Board" on Justia Law

A condominium association in Southwest Washington, D.C., which owns a large complex of over 200 townhomes, challenged the way the District of Columbia Water and Sewer Authority (D.C. Water) calculates a stormwater runoff fee known as the Clean Rivers Impervious Area Charge (CRIAC). The association is classified as a multi-family customer because its water is supplied through several master-metered service lines, rather than each townhome having an individual meter. This classification results in the CRIAC being calculated based on the total impervious surface area of the property, rather than using a tiered system that applies to individually metered residential properties. The association argued that this method, which ties the fee calculation to how the property is metered, is arbitrary and capricious, as the metering method does not affect the amount of stormwater runoff.The Superior Court of the District of Columbia granted summary judgment to D.C. Water. The court found that D.C. Water’s classification and billing methodology were reasonable and consistent with industry standards, relying on declarations from D.C. Water officials and legislative history. The court also rejected the association’s constitutional and equal protection claims, which were not pursued on appeal.The District of Columbia Court of Appeals reviewed the case. It affirmed the trial court’s summary judgment on the constitutional claims, as those were not contested on appeal. However, the appellate court vacated the summary judgment on the claim that D.C. Water’s use of metering as a factor in CRIAC calculation was arbitrary and capricious. The court held that D.C. Water had not provided an adequate explanation for why metering should affect the fee, and remanded the case for further proceedings on that issue. View "Capitol Park IV Condo. Ass'n, Inc. v. District of Columbia Water and Sewer Authority" on Justia Law

A small business that imports and sells shea butter hired an individual in 2017 to provide communication, marketing, and sales support, particularly focusing on social media. The individual worked under a contract that labeled her as an independent contractor, but after the contract expired, she continued to perform a mix of social media, event, and administrative tasks. She stopped working regularly for the business in September 2018. A dispute arose over unpaid wages, with the individual claiming she was owed for work performed, and the business asserting that she was paid for all work under the terms of the contract.The Office of Wage-Hour (OWH) initially determined that the business owed the individual back wages, liquidated damages, and a statutory penalty. The business appealed to the Office of Administrative Hearings (OAH), arguing that the individual was an independent contractor. The Administrative Law Judge (ALJ) found that the individual was an employee, not an independent contractor, and awarded damages. On the first petition for review, the District of Columbia Court of Appeals held that the individual worked in both capacities—sometimes as an employee and sometimes as an independent contractor—and remanded for OAH to determine the hours worked in each capacity and adjust the damages accordingly. On remand, the ALJ used a percentage-based approach to allocate hours and payments between employee and independent contractor work, ultimately awarding the individual approximately $26,550 in unpaid wages and damages, plus a statutory penalty.The District of Columbia Court of Appeals, reviewing the case again, affirmed the OAH’s amended final order. The court held that under the current D.C. Wage Payment and Collection Law, employees may pursue claims for disputed wages even if the employer paid conceded wages. The court also held that, due to inadequate recordkeeping by the employer, the burden of proof shifted to the employer to disprove the employee’s evidence regarding hours worked and payments received. View "Shea Yeleen Health & Beauty, LLC v. Office of Wage-Hour" on Justia Law

Green Theory LLC applied for a license to operate a medical cannabis dispensary at a location in Washington, D.C. While the application was pending, a group of local residents, including parents and school administrators, collectively known as the Wolverton Group, filed a protest with the District of Columbia Alcoholic Beverage and Cannabis Board. They argued that the proposed dispensary was within 1,000 feet of several schools, raising concerns about the impact on the community and potential violations of federal law. The local Advisory Neighborhood Commission (ANC) did not oppose the application.The Alcoholic Beverage and Cannabis Board dismissed the Wolverton Group’s protest, reasoning that under the Medical Cannabis Amendment Act of 2022, only affected ANCs had standing to protest such license applications. The Board then approved Green Theory’s license. The Wolverton Group and other petitioners sought reconsideration and a stay, both of which were denied. They then filed a petition for review with the District of Columbia Court of Appeals, arguing that the Board’s interpretation of the statute was incorrect and unconstitutional, and that the Board’s decision was arbitrary and capricious.The District of Columbia Court of Appeals reviewed whether it had jurisdiction to consider the petition. The court determined that its jurisdiction is limited to “contested cases,” which require a trial-type hearing mandated by statute, regulation, or constitutional right. The court found that the relevant statute only required such a hearing if an ANC filed a protest, which did not occur. The court also rejected arguments that a hearing was required by regulation or constitutional right. Concluding that this was not a contested case, the court held it lacked jurisdiction and dismissed the petition for review. View "1000 Feet DC Inc. v. D.C. Alcoholic Beverage and Cannabis Board" on Justia Law

In this case, 4022 Georgia Avenue, LLC (4022 LLC) acquired a townhouse in Washington, D.C., in April 2018, which it later sold in two units in 2020. In June 2021, the new owners reported significant structural issues, leading to an inspection by the Department of Consumer and Regulatory Affairs (DCRA). DCRA issued an order to correct (December OTC) to 4022 LLC in December 2021, directing it to address various building code violations. 4022 LLC appealed the order, arguing it could not comply without the cooperation of the new owners.The Office of Administrative Hearings (OAH) held a hearing in April 2024 and issued a final order in May 2024, affirming the December OTC. OAH found that 4022 LLC's appeal did not meet the criteria for appeals under the relevant regulations, as it did not specify which provisions of the building code were incorrectly interpreted or applied. OAH also found that 4022 LLC was responsible for the violations due to its warranty obligations under the Condominium Act.The District of Columbia Court of Appeals reviewed the case and held that OAH did not err in its findings. The court concluded that 4022 LLC's failure to identify specific provisions of the building code in its appeal constituted a failure to comply with the criteria for appeals. The court also found that OAH's reliance on the Property Maintenance Code, instead of the Building Code, did not constitute reversible error, as the criteria for appeals were substantively similar. Finally, the court held that OAH did not err in finding 4022 LLC responsible for the violations, as substantial evidence supported this finding based on the LLC's warranty obligations.The court affirmed OAH's order, upholding the December OTC and the requirement for 4022 LLC to address the building code violations. View "4022 Georgia Avenue v. Department of Buildings" on Justia Law

A public interest law firm, TPM, requested certain budget-request documents from the Mayor of the District of Columbia under the D.C. Freedom of Information Act (D.C. FOIA). TPM sought documents related to the budget requests of the D.C. Public Schools (DCPS) and the Office of the State Superintendent of Education (OSSE) for fiscal year 2019, as well as other related documents. The Mayor refused to produce the draft submissions, claiming they were protected by executive privilege. TPM then filed a complaint in the Superior Court of the District of Columbia seeking the documents and their online publication.The Superior Court denied the Mayor's motion to dismiss and granted TPM's motion for summary judgment. The court ordered the Mayor to produce the requested documents and to comply with the publication requirements of D.C. Code § 2-536. The Mayor appealed, arguing that the documents were protected by executive privilege and that TPM lacked standing to enforce the publication provision.The District of Columbia Court of Appeals reviewed the case. The court rejected the Mayor's claim of executive privilege, stating that the budgetary process involves overlapping responsibilities between the Mayor and the Council, and thus does not fall under the exclusive purview of the executive branch. The court also found that TPM had standing to seek enforcement of the publication provision, as the failure to disclose the documents caused a concrete and particularized injury to TPM.The court affirmed the Superior Court's order requiring the production and online publication of the requested budget documents for fiscal years 2019 to the present. However, it vacated and remanded the portion of the order requiring the publication of other documents under D.C. Code § 2-536, instructing the lower court to clarify the scope of the required publication. View "District of Columbia v. Terris, Pravlik & Millian, LLP" on Justia Law

A shelter providing housing to individuals experiencing homelessness terminated a client's services on an emergency basis, alleging that the client posed an imminent threat to the health or safety of others. The client, who had previously been removed from the shelter without proper notice, returned to the shelter and was involved in a confrontation with security officers. The shelter claimed the client was hostile, pushed a security officer, and made threats. The client challenged the termination, leading to an evidentiary hearing.The Office of Administrative Hearings (OAH) reviewed the case. The administrative law judge (ALJ) found that the shelter had previously attempted to terminate the client without proper notice and that the client was within his rights to be at the shelter at the time of the incident. The ALJ determined that the security officers escalated the situation by provoking the client, who only pushed the officer after being provoked. The ALJ did not credit the shelter's witness's testimony that the client made threats, finding it uncorroborated and inconsistent with video evidence.The District of Columbia Court of Appeals reviewed the case. The court upheld the ALJ's decision, agreeing that the ALJ correctly applied the law and that the client's actions were not severe enough to warrant emergency termination under the Homeless Services Reform Act. The court found that the ALJ's credibility determinations were supported by substantial evidence and that the shelter's arguments regarding the client's prior misconduct were unpreserved for appeal. The court affirmed the OAH's order, rejecting the shelter's arguments. View "Catholic Charities--801 East Men's Shelter v. Byrd" on Justia Law