Legal Opinion

Gary Investment Corp. v. District of Columbia Department of Health

District of Columbia Court of Appeals

Decided March 23, 2006No. 04-AA-554Published

1Opinion of the Court

WASHINGTON, Chief Judge:

Petitioner Gary Investment Corporation petitions this court to reverse the Office of Administrative Hearings’ imposition of a $1,125 fine for failure to properly containerize solid waste in violation of 21 DCMR § 700.3. Petitioner argues that the existence of two separate regulations *195imposing fines for violation of the same act or omission is contrary to the Due Process requirements of notice, and is also void-for-vagueness.1 Petitioner also argues that imposition of a $1,125 fine on the basis of strict liability is improper. We disagree and affirm.

I

Petitioner Gary…

2Cases cited13 opinions

  1. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  2. Kolender v. LawsonSupreme Court of the United States · 1983
  3. Morissette v. United StatesSupreme Court of the United States · 1952
  4. United States v. BatchelderSupreme Court of the United States · 1979
  5. Coates v. City of CincinnatiSupreme Court of the United States · 1971

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