Berry v. District of Columbia
Court of Appeals for the D.C. Circuit
Heaking on an appeal by tbe plaintiff from a judgment of the Supreme Court of the District of Columbia, on an agreed statement of facts, in an action against the District of Columbia to recover damages.
Read the full summary
Heaking on an appeal by tbe plaintiff from a judgment of the Supreme Court of the District of Columbia, on an agreed statement of facts, in an action against the District of Columbia to recover damages. The Court in the opinion stated the facts as follows: This action was brought by Walter Y. R. Berry against the District of Columbia to recover damages incurred by him through the refusal of the defendant to permit him to proceed with the erection of an apartment house, of the proposed height of 110 feet, on a lot owned by him at the corner of Seventeenth and I streets, N. W., in the city of…
1Opinion of the CourtChief Justice Shepard
1. As shown by the agreed statement of facts, both Seventeenth and I streets, on which plaintiff’s corner lot abutted, are “resident” streets. Hence, by the plain terms of sec. 40 of the regulations, any building thereon was limited in height to 90 feet, whether or not one of those streets might have been wider than 90 feet. As a matter of fact, Seventeenth street, in front of plaintiff’s lot, is not wider than 90 feet. According to the adopted plan of the city of Washington the streets designated by letters of the alphabet run east and west; the numbered streets from north to south.…
2Cited by2 opinions
- Huebner Et Ux. v. Phila. Sav. F. Soc.Superior Court of Pennsylvania · 1936
- National Hospital Service Soc., Inc. v. JordanCourt of Appeals for the D.C. Circuit · 1942