Fairman v. District of Columbia

Principles of judicial and equitable es-toppel applicable to private parties do not translate readily where the government is a litigant and considerations of protection of the public físc and the public interest are involved. See, e.g., District of Columbia v. Gould, 852 A.2d 50, 56-57 (D.C. 2004); Mamo v. District of Columbia, 934 A.2d 876, 386-87 (2007). However, in the particular and special circumstances presented here, coupled with the discretionary nature of permitting new arguments to be made even by the government for the first time on appeal, see, e.g., District of Columbia v. Wical…