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. |