Justia District of Columbia Court of Appeals Opinion Summaries

A trust was established for the primary benefit of an individual, with his family members as secondary beneficiaries. The trustee, Austin Trust Company, purchased a residential property in the District of Columbia for the trust in 2007, paying the required transfer and recordation taxes at that time. Fourteen years later, the trust was dissolved and the trustee transferred the property, without consideration, to the primary beneficiary, who then recorded the deed and paid additional transfer and recordation taxes. The beneficiary later sought a refund, claiming that the deed was exempt under District of Columbia law as either a supplemental deed or under regulations for nominal grantees.The Office of Tax and Revenue denied the refund, finding that the deed did not qualify for an exemption. The beneficiary appealed to the Superior Court of the District of Columbia. The Superior Court granted summary judgment to the District, concluding that the trust and the beneficiary were legally distinct entities and that District law imposes transfer and recordation taxes on each change in legal ownership of real property. The court also determined that the applicable exemptions did not apply.Reviewing the case, the District of Columbia Court of Appeals affirmed the Superior Court’s decision. The Court of Appeals held that the supplemental deed exemptions do not apply when property is conveyed between two distinct legal entities, even if one is the beneficiary of the other. The court further held that the nominal grantee regulations did not apply, as the trustee held and managed the property as more than a nominal grantee and owed duties to multiple beneficiaries. Accordingly, the grant of summary judgment to the District was affirmed. View "Barlow v. District of Columbia" on Justia Law

Peter Farina has lived at the Victor Howell House, a group home for low-income individuals, since 1989. In 2000, the Janet Keenan Housing Corporation (JKHC), a non-profit, purchased the property to maintain it as affordable housing. Recently, JKHC attempted to sell the house to a private third party, leading to two tracks of litigation. The District of Columbia sued JKHC to halt the sale, arguing it violated JKHC’s charitable purposes. As the District and JKHC neared a settlement allowing the sale, Farina sought to intervene but was denied. Farina then filed his own lawsuit, claiming his rights under the Tenant Opportunity to Purchase Act (TOPA) and the Uniform Trust Code (UTC) were being violated.The Superior Court of the District of Columbia denied Farina’s motion to intervene in the District’s case, citing untimeliness and lack of standing. The court approved the settlement between the District and JKHC, which allowed the sale to proceed. In Farina’s separate lawsuit, the court ruled against him, stating his TOPA rights were extinguished by the court-approved settlement and that he lacked standing to bring his UTC claim.The District of Columbia Court of Appeals reviewed the case. The court held that Farina’s TOPA rights were not extinguished by the settlement, as the sale was an arm’s-length transaction and not exempt under TOPA. Farina must be given the opportunity to purchase the property under TOPA. However, the court agreed with the lower court that Farina lacked standing to bring his UTC claim, as he was neither a settlor nor a special interest beneficiary of JKHC. The court affirmed the judgment in the District’s case but vacated the judgment in Farina’s case, remanding it for further proceedings to afford Farina his TOPA rights. View "Farina v. Janet Keenan Housing Corporation" on Justia Law

Jacqueline Martin and Herbert McCray were in a romantic relationship for over four decades until Jacqueline's death in 2020. Jacqueline died without a will, and Herbert sought to administer and inherit her estate, claiming they were common law married. Herbert died before the matter was resolved, and his son, Brian McCray, sought to continue Herbert's claim. Jacqueline's first cousin, Juanita Waller, contested this, arguing that Jacqueline and Herbert were not common law married and that she was the next of kin.The Superior Court of the District of Columbia, Probate Division, appointed Juanita as the personal representative of Jacqueline's estate, concluding that Juanita had priority over Brian. The court then held a trial to determine if Jacqueline and Herbert were common law married. The trial court limited the evidence to direct proof of an express mutual agreement in the present tense to be permanent partners. The court ruled in favor of Juanita, finding no such express mutual agreement.The District of Columbia Court of Appeals reviewed the case. The court held that the trial court erred by precluding Brian from introducing circumstantial evidence that could infer an express mutual agreement. The appellate court noted that when neither partner is available to testify, such an agreement may be inferred from the circumstances surrounding the couple’s relationship, including their cohabitation and reputation in the community. The court reversed the trial court's judgment and remanded the case for a new trial, allowing Brian to present relevant circumstantial evidence. The appellate court affirmed the appointment of Juanita as the personal representative of Jacqueline's estate. View "In re Estate of Martin" on Justia Law