District of Columbia v. Carr

FERREN, Associate Judge:

The District of Columbia appeals the trial court’s judgment that the District violated the takings clause of the Fifth Amendment by using its distraint power in appellees’ commercial building in a manner inconsistent with the lease agreement between ap-pellees and the distrained tenant. Although concluding that the District acted within its statutory and constitutional authority under the government’s taxing levy and distraint powers when it physically seized the tenant’s store, the court further concluded that the District's failure to abide by the tenant’s lease…