District of Columbia v. North Washington Neighbors, Inc., 9090.
| Decision Date | 29 April 1975 |
| Docket Number | No. 9090.,9090. |
| Citation | 336 A.2d 828 |
| Parties | DISTRICT OF COLUMBIA, a Municipal Corporation, et al., Appellants, v. NORTH WASHINGTON NEIGHBORS, INC., et al., Appellees. |
| Court | D.C. Court of Appeals |
E. Calvin Golumbic, Asst. Corp. Counsel, Washington D. C., with whom C. Francis Murphy, Corp. Counsel, Louis P. Robbins, Principal Asst. Corp. Counsel, and Richard W. Barton, Asst. Corp., Counsel, Washington, D. C., were on the brief, for appellants.
Before FICKLING, GALLAGHER and YEAGLEY, Associate Judges.
The District of Columbia appeals from an order which granted a preliminary injunction requiring the District, at its expense, to repair or replace broken water service pipes which are connected to the premises of appellees Roland Jackel, Ruth Williams, and Anne Hoopes. These water service pipes are pipes that run under the public street and connect the District's main water pipe with the private plumbing system of the property owner.
The only issue we find necessary to decide is whether the trial court erred in granting a preliminary injunction against the District, based upon a finding that appellees would suffer irreparable injury unless the District is required to repair the broken water service pipes. Since we hold that the trial court erred on this point, we do not reach the merits on the other issues raised.
The appellees are all property owners in the District of Columbia who have broken water service pipe lines located underneath city streets. Each appellee was served with a notice from the District to repair his broken water pipe within five days, which each refused to do. Instead, they filed a suit to compel the District to repair the pipes. The trial court's order granting the relief requested has been stayed, pending final decision of this court.
Appellee Roland Jackel, the owner of premises at 5309 Chevy Chase Parkway, Northwest, is a retired employee of the Navy Department and receives an income of $1,200 a month. He has approximately $40,000 equity in his home, and approximately $30,000 in other assets. During the pendency of this appeal, he has repaired his water pipe and has informed this court he will seek a refund of the cost from the District.
Appellee Anne Hoopes, owner of premises at 4880 Glenbrook Road, Northwest, stipulated that she had the means of paying the estimated cost of repair of her broken water pipe, which was temporarily repaired.
Appellee Ruth Williams owns premises located at 612 Delafield Place, Northwest. She lives with her unemployed son, Nathaniel Williams, who receives a monthly pension from the Veterans Administration in the sum of $661. She is employed and receives an income of $7,000 to $8,000 a year, and has a savings account of approximately $700.
The trial court's finding that appellee Ruth Williams was...
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District of Columbia v. WICAL LTD. PART.
...law." Marshall v. District of Columbia, 458 A.2d 28, 29 (D.C.1982). As this court explained in District of Columbia v. North Washington Neighbors, Inc., 336 A.2d 828, 829 (D.C.1975) (per curiam), the general rule is that an injunction will not be granted where the award of money damages giv......
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Kakaes v. George Washington University, 99-CV-1756.
...184 (D.C.1993) (quoting Marshall v. District of Columbia, 458 A.2d 28, 29 (D.C.1982)); accord, District of Columbia v. N. Washington Neighbors, Inc., 336 A.2d 828, 829 (D.C.1975) (per curiam). Dr. Kakaes has not shown why damages would not provide him with full and complete relief, and at l......
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District of Columbia v. North Wash. Neighbors, 10301.
...the complaint in this case had incurred expense for such repairs. This case was earlier before us in District of Columbia v. North Washington Neighbors, Inc., D.C. App., 336 A.2d 828 (1975), where we reversed the trial court's decision to grant a preliminary injunction on the ground that th......