Washington Medical Center, Inc. v. United States (545 F.2d 116, 1976)

ON DEFENDANT’S MOTION AND CROSS-MOTIONS FOR SUMMARY JUDGMENT AND PLAINTIFFS’ JOINT MOTION FOR SUMMARY JUDGMENT

SKELTON, Judge.

In these five consolidated cases four of the plaintiffs sue the United States to recover money paid by them to the United States for the closing of certain portions of various original alleys in the city of Washington, D. C., and the remaining plaintiff sues the Government to recover the amount paid by him to the United States for the closing of a portion of an original street in said city, namely, G Street, N.W. The defendant contends that the charges made for the closing of the portions of the alleys and G Street were proper and in accordance with laws enacted by the Congress, and that the plaintiffs should be denied any recovery. The case is before us on cross-motions for summary judgment.

After carefully considering the pleadings, evidence, briefs, and the argument of counsel, we conclude that the plaintiffs are not entitled to recover and we hold for the defendant.

The facts involved in these cases are generally as follows. The plaintiff, Washington Medical Center, Inc., joined by William J. Cusack and Frances S. Cusack and Mary C. Morgan, 1776 K Street Associates, the Metropolitan Club of the City of Washington, and D. F. Antonelli, Jr., were the owners of various lots abutting certain portions of original alleys in the original squares listed below. None of these plaintiffs owned all of the lots in an entire square The plaintiff Jack Kogok owned certain lots abutting on a portion of G Street, N.W. All of the plaintiffs desired to have the portions of the alleys and street (in the case of Kogok) closed so that they could erect buildings or other improvements thereon. Accordingly, they filed applications with the City Council (formerly the City Commission) of Washington, D. C., the duly authorized agent of the United States, to close the portions of the alleys and street on which their lots abutted. The council acted favorably on the applications of the plaintiffs provided that the plaintiffs would pay “a price not less than the assessed value of contiguous lots.” The plaintiffs agreed to such payments and the council determined and found that the proper payments to be made by the plaintiffs, respectively, for the closing of the portions of the alleys in the squares and street listed below were as follows:

Plaintiff Squares Fair market value

(a) Washington Medical

Center.......... 107 $247,701.60

1776 K Street

Associates ....... 126 74,769.05

(c) Metropolitan Club___ 166 63,725.40

(d) D. F. Antonelli, Jr____ 252 30,766.00