Hornstein v. Barry

1989

Court: DC Court of Appeals

Facts: Appellants want to convert an apartment complex into condos. There's a statute saying that this would require 50% approval from the residents.

Posture: Dunno.

Issue: Is this statute valid?

Holding: Yes.

Rule: It's not an impermissible delegation to allow the benificiaries of a law to waive their protection.

Reasoning: It's not a taking if someone is denied the most profitable use of their property-- this is the natural result of much regulation, after all.

Dicta: Dissent: don't look to CA SC for constitutional guidance.