Reservation Eleven Associates, a Limited Partnership v. District of Columbia

LEVENTHAL, Circuit Judge:

This appeal arises over the elements of valuation a jury was allowed to consider in a condemnation proceeding. The appellant, landowner, offered to prove at trial that it had been the practice of the District Commissioners to close alleys upon application, and that the “fair value” of the appellant’s land should have been established by a method that treated the alleys as closed, or likely to be closed. The trial judge rejected the proffer. He felt that the Commissioners of the District of Columbia had the discretion to refuse a request to close an alley, and there…