Jack's Canoes & Kayaks, LLC v. Nat'l Park Serv.

• Decision Date: 28 March 2013
• Docket Number: Civil Action No. 13–00130(CKK).
• Citation: 933 F.Supp.2d 58
• Court: U.S. District Court — District of Columbia
• Parties: JACK'S CANOES & KAYAKS, LLC, Plaintiff, v. NATIONAL PARK SERVICE, National Park Foundation, and The District of Columbia, Defendants.

933 F.Supp.2d 58

JACK'S CANOES & KAYAKS, LLC, Plaintiff,

v.NATIONAL PARK SERVICE, National Park Foundation, and The District of Columbia, Defendants.

Civil Action No. 13–00130(CKK).

United States District Court, District of Columbia.

March 28, 2013.

Charles Henry Camp, Sr., Law Offices of Charles H. Camp, P.C., Washington, DC, for Plaintiff.

Wynne Patrick Kelly, U.S. Attorney's Office, Matthew Robert Blecher, Office of the Attorney General for the District of Columbia, Washington, DC, for Defendants.

MEMORANDUM OPINION

COLLEEN KOLLAR–KOTELLY, District Judge.

Plaintiff Jack's Canoes & Kayaks, LLC (“Plaintiff”) filed suit against the National Park Service (“NPS”), the National Park Foundation (“NPF”), and the District of Columbia (“District”) relating to purportedly illegal attempts by the NPS and NPF (together the “Park Defendants”) to terminate a lease under which Plaintiff claims to have been a tenant since April 2007. See Compl., ECF No. [1]. Presently before the Court is Plaintiff's [12] Motion for Temporary Restraining Order and Preliminary Injunction. In brief, Plaintiff seeks an order barring the Park Defendants from taking any actions that interfere in any manner with the continuing operation of Plaintiff's boathouse business, including seeking or threatening to terminate the lease to which Plaintiff claims to be a party or evicting Plaintiff without a Court Order following a final judgment on whether the NPF and/or the NPS have the power and jurisdiction to do so.¹ Also pending before the Court are the District's [19] Motion to Dismiss and the Park Defendants' [22] Motion to Dismiss, both of which were filed subsequent to the filing of Plaintiff's motion for temporary and injunctive relief and in accordance with the briefing schedule ordered by the Court.

Upon consideration of the pleadings and accompanying exhibits,² the relevant legal authorities, and the record as a whole, the Court finds that temporary or preliminary injunctive relief is not warranted on the present record. Accordingly, Plaintiff's [12] Motion for Temporary Restraining Order and Preliminary Injunction is DENIED. Further, because Plaintiff lacks constitutional standing with respect to one of its requests for declaratory judgment against the District, and is barred by the applicable statute of limitations from asserting the entirety of its request for declaratory relief against the District, the Court shall GRANT the District's [19] Motion to Dismiss. The Court shall address the Park Defendants' [22] Motion to Dismiss by separate order at a later time.

I. BACKGROUND

Unless otherwise indicated, all facts set forth herein are taken from Plaintiff's Complaint and are presumed true for purposes of the Court's consideration of the instant motions. As of April 2007, when Plaintiff was incorporated as a limited liability corporation, Plaintiff has operated a boathouse business offering canoe and kayak rentals, tours, storage, and other related services at 3500 K St. N.W., Washington, D.C. Compl. ¶¶ 9, 17, 30. Plaintiff's operations occur on two adjacent parcels of land on the Georgetown Waterfront: Lot 806 (which Plaintiff owns) and Lot 805 (which is owned by the District but managed by NPS pursuant to a transfer of administrative jurisdiction over several acres of land that constitute the Georgetown Waterfront Park). See Compl. ¶¶ 9, 12, 23–28. Plaintiff contests the validity of the District's transfer to NPS of administrative jurisdiction over Lot 805. See generally id.

By way of background, Plaintiff succeeded an individual by the name of Frank Baxter in the ownership and operation of the business that was started by Frank Baxter's mother and father, John and Norma Baxter, in 1945. Id. ¶ 19. In 1973, as part of a compromise with the District, which wanted to take Lot 805 for the construction of Whitehurst Freeway, the District agreed to buy Lot 805 from John and Norma Baxter and to lease it back to them so that they could continue to own and operate the boathouse. Id. ¶ 20. On August 28, 1973, John and Norma Baxter deeded Lot 805 in fee simple to the District for $244,160.00. Id. ¶ 21. On October 1, 1973, the District and the Baxters entered into a lease with respect to Lot 805 (the “Lease”). Id. & Pl.'s Mem., Ex. 4 (Lease).

The Lease, the “express purpose” of which is described therein as “permitting a temporary lease of the hereinafter described premises” by the Baxters for boat rentals and related activities, states in pertinent part: “[T]he District does hereby grant unto the Lessee, use and occupancy of [Lot 805], commencing October 1, 1973 and continuing thereafter from month to month for sum of $275.00 ($275.00) per month[.]” Pl.'s Mem., Ex. 4 (Lease), at 1. Beginning April 1, 1982, the monthly payment amount increased to $356.00 pursuant to a letter amendment to the Lease sent by the District and countersigned by John and Norma Baxter. Id. at 5.

On September 10, 1985, the District of Columbia Council passed Resolution 6–284 (the “1985 Resolution”), which was intended to initiate the transfer of administrative jurisdiction over a number of land parcels on the Georgetown Waterfront, including Lot 805, to the NPS for the purpose of establishing and maintaining the Georgetown Waterfront Park. Compl. ¶ 24 & Pl.'s Mem., Ex. 7 (D.C. City Council Resolution 6–284 (Sept. 10, 1985)). The 1985 Resolution states, in relevant part, that “Jurisdiction over ... Lot ... 805 ... shall be transferred to the National Park Service 5 years after the effective date of this resolution unless ... suitable sites and facilities have not been obtained for the relocation of those public works facilities now located on the parcels of land that are part of the Georgetown Waterfront Park.” Pl.'s Mem., Ex. 7 (D.C. City Council Resolution 6–284 (Sept. 10, 1985)), at 2. The 1985 Resolution further states that it is “contingent upon an exchange of letters” between the District of Columbia Mayor and the Regional Director of NPS, which were to memorialize the agreement on several matters—including, inter alia, that the transferred land be used only for public park and related purposes; that the District assign its existing leases on the land to the NPS and the NPS dedicate all revenues from those leases to park development; and that NPS assume responsibilityto repair and maintain all wharves, piers, bulkheads, and similar structures located on the transferred land. Id. at 3–4. The letters were also to include “conditions, including a reversion of jurisdiction to the District ... which fully protect the District ... in the event ... of ... an [a]mendment or cancellation of [a] January 7, 1985 deed [of easements] between Washington Harbour Associates [a District of Columbia partnership], Georgetown Potomac Company, Mount Clare Properties (D.C.) Inc., and the United States of America[.]” Id. at 3.

A letter agreement from the NPS dated May 18, 1987 and countersigned by the District of Columbia Mayor on July 2, 1987 (the “1987 Letter”) set forth the parties' agreements to the conditions of transfer set forth in the 1985 Resolution. See Ex. 8 (Letter from Manus J. Fish, NPS Regional Director to Hon. Marion S. Barry, Mayor of the District of Columbia (May 18, 1987)). According to both the District and the Park Defendants, the actual transfer of administrative jurisdiction was properly executed in 1999. See District's Mem. at 3 n. 2; Park Defs' Opp'n at 3–4. For reasons described more fully infra Part II.A., Plaintiff contends that the transfer process was “procedurally flawed.” See Pl.'s Mem. at 6.

Although both the 1985 Resolution and the 1987 Letter indicate an agreement by the District to assign the Lease to NPS at an undetermined future date, no such direct assignment ever occurred. Instead, on March 30, 2000, the District executed an assignment agreement (“Assignment Agreement”) assigning all of the existing District leases on the land to NPF. See Pl.'s Mem., Ex. 19 (Assignment of Leases Agreement (March 30, 2000)). NPF is a 501(c)(3) non-profit organization that was chartered by Congress in 1967, for the purpose of accepting private gifts “for the benefit of, or in connection with, the National Park Service, its activities, or its services.” An Act to Establish the National Park Foundation, Pub.L. No. 90–209 (1967). The Assignment Agreement states, in pertinent part:

WHEREAS, one of the conditions set forth in the [1985] Resolution was the assignment by the District to NPS of existing District leases at Georgetown Park, and a commitment by NPS to use the lease revenues for park development and maintenance at the Georgetown Park; and ... because NPS has determined that revenues received by NPS from the Leases could not be dedicated for development and maintenance of Georgetown Park, NPS requested that the District assign the Leases to Assignee ... The District does hereby assign the Leases to Assignee. Assignee does hereby accept the Leases and does unconditionally assume all of the responsibilities, obligations, and liabilities of Assignor under the Lease, including any and all outstanding obligations and liabilities of Assignor.

Id.

The Assignment Agreement cites as authority the District of Columbia Council Act No. 13–252, titled the “Transfer of Jurisdiction over Georgetown Waterfront Park for Public Park and Recreational Purposes, S.O. 84–230, Emergency Act of 1999,” effective January 27, 2000, which the Agreement describes as having amended the Resolution to authorize the District to assign the leases to NPF. Id. Earlier correspondence between NPS and NPF indicates that NPS directed NPF to accept the District's assignment of the Lease and also “accept[ed] appointment as [NPF's] agent for purposes of fulfilling all obligations, and pursuing all rights and remedies to the terms and provisions of the Lease [ ], in accordance with [its] terms[.]” See Park Defs' Reply, Ex. 1 (Letter from Terry R. Carlstrom, Regional Director, NPS to James D....