Legal Opinion · Concurrence

Benenson v. United States

United States Court of Claims

Decided January 26, 1977No. 368-75Published

1ConcurrenceDavis, Judge

I join the court’s opinion but wish to make it explicit that, for me, the possibility of a taking before August 14, 1976, depends on the correctness of the position announced by Chief Judge Jones in Don't Tear It Down, Inc. v. Washington, 399 F. Supp. 153 (D.D.C. 1975), now on appeal to the U.S. Court of Appeals for the D.C. Circuit, that under the congressional legislation the owners could not demolish the Willard or change the facade during the moratoria (without permission of the Pennsylvania Avenue Development Corporation). I accept and agree with Judge Jones’ ruling. But if it should…

2Cases cited1 opinion

  1. Don't Tear It Down, Inc. v. WashingtonDistrict Court, District of Columbia · 1975

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