Legal Opinion

Hessey v. District of Columbia Board of Elections & Ethics

District of Columbia Court of Appeals

Decided November 22, 1991No. 90-680, 90-809PublishedCited by 15 opinions

1Opinion of the Court

On Rehearing En Bano

ROGERS, Chief Judge:

Before the en banc court for the first time in a decade is the question of the scope of the right of initiative. 1 D.C.Code § l-281(a) (1987 Repl.). The issue arises in the context of two proposed initiatives that would impose fees or tax surcharges to be deposited in trust funds devoted to low and moderate income housing purposes. The question before the court is whether these initiatives fall within the prohibition of “laws appropriating funds” contained in D.C.Code § l-281(a) (1987 Repl.) or other limitation on the initiative right. The fundamental…

2Cases cited17 opinions

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. Cabell v. MarkhamCourt of Appeals for the Second Circuit · 1945
  3. Markham v. CabellSupreme Court of the United States · 1946
  4. Peoples Drug Stores, Inc. v. District of ColumbiaDistrict of Columbia Court of Appeals · 1983
  5. United States v. BrownSupreme Court of the United States · 1948

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3Cited by15 opinions

  1. Simard v. Resolution Trust Corp.District of Columbia Court of Appeals · 1994
  2. Jackson v. District of Columbia Board of Elections & EthicsDistrict of Columbia Court of Appeals · 2010
  3. In re C.L.M.District of Columbia Court of Appeals · 2001
  4. Stevenson v. District of Columbia Board of Elections & EthicsDistrict of Columbia Court of Appeals · 1996
  5. Brizill v. District of Columbia Board of Elections & EthicsDistrict of Columbia Court of Appeals · 2006

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