Hornstein v. Barry

Despite the scholarly tone of the majority opinion which overrules the conclusion we reached when our division first considered the issue, see Hornstein v. Barry, 530 A.2d 1177 (D.C.1987), the reasons it advances for upholding the constitutionality of the challenged provision of the Act are at odds with the controlling holdings of the Supreme Court. With all deference to my colleagues, I discern nothing in its text which persuades me that we were wrong in concluding that the Supreme Court has drawn the line against any land-use restriction conditioned upon the votes of a narrow segment of the…