[Download] "Bembery v. District of Columbia" by District of Columbia Court of Appeals. # eBook PDF Kindle ePub Free
eBook details
- Title: Bembery v. District of Columbia
- Author : District of Columbia Court of Appeals.
- Release Date : January 10, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Argued February 4, 2004 Appellant Robert Bembery, as trustee of JayTee Realty Trust, was the high bidder at the tax auction sale of certain real property located in the District of Columbia, and accordingly received from the District, rather than a deed to the property, a tax lien certificate that set forth the name of the record owner and the amount of the lien. Subsequently, the District permitted appellees Charles E. Bailey and Denise Gibson-Bailey (""the Baileys""), who had purchased the realty in question from the co-conservator of the record owner at the time of the tax auction sale, to redeem the property by paying the delinquent taxes. Bembery sued the District and the Baileys, seeking not monetary damages, but orders compelling the District to issue him a tax deed for the property and declaring void the deed that transferred title from the previous owners to the Baileys. Bembery now appeals the trial court's orders granting summary judgment against him in favor of the District and the Baileys. He argues that we should reconsider our holding in Stuart v. District of Columbia, 694 A.2d 49, 51 (D.C. 1997), that a tax certificate holder cannot successfully sue the District for specific performance on the ground that the District had permitted an untimely redemption. As to the Baileys, he argues that a disputed issue of material fact regarding allegedly destroyed documents precluded summary judgment in their favor. We affirm. I.