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Case Information: 22-TX-0820
Short Caption:
LHL REALTY COMPANY DC, LLC, ET AL. V. DISTRICT OF COLUMBIA
Classification:
Appeals - Tax - Tax
Superior Court or Agency Case Number:
2020-CVT-000002
Filed Date:
10/20/2022
Opening Event Date:
10/20/2022
Case Status:
Under Advisement
Record Completed:
01/05/2023
Post-Decision Matter Pending:
Briefs Completed:
04/19/2023
Argued/Submitted:
05/07/2025
Disposition:
Next Scheduled Action:
Ready to be Decided
Mandate Issued:
Party Information
Appellate Role
Party Name
IFP
Attorney(s)
Arguing Attorney
E-Filer
Appellant
LHL Realty Company DC, LLC
N
Stephanie Anne Lipinski Galland
Y
Y
Appellant
LHL Realty Company
N
Stephanie Anne Lipinski Galland
Y
Y
Appellee
District of Columbia
N
Caroline Van Zile
N
Y
Carl J. Schifferle
Y
Y
Richard S. Love
N
Y
Marcella Coburn
N
Y
Events
Event Date
Status
Description
Result
PDF
10/20/2022
Filed
Notice Of Appeal
11/17/2022
Filed
Order Directing Mediation Screening Statement
11/28/2022
Filed
Mediation Screening Statement
11/30/2022
Filed
Referred to Mediation
12/19/2022
Filed
Supplemental Record #1 (41 Pages/Tape) 03/04/2021 Proceedings
12/19/2022
Filed
Supplemental Record #2 (74 Pages/Tape) 05/09/2022 Proceedings
01/04/2023
Filed
Screened Out
01/05/2023
Filed
Record Index
01/05/2023
Filed
Record Completed
01/06/2023
Filed
Order Screening Out & Briefing Order
02/15/2023
Filed
Brief (Appellant LHL Realty Company, Appellant LHL Realty Company DC, LLC.)
02/15/2023
Filed
Appendix (Appellant LHL Realty Company, Appellant LHL Realty Company DC, LLC.)
03/15/2023
Filed
Motion For Extension Of Time to File Brief (Appellee)
Granted
03/20/2023
Filed
Order that appellee's motion is granted and appellee's brief shall be filed on or before April 14, 2023, & Order that appellant's reply brief shall be filed on or before May 19, 2023
04/14/2023
Filed
Brief (Appellee)
04/14/2023
Filed
Motion For Leave to File supplemental appendix (Appellee)
Granted
04/19/2023
Filed
Order that appellee's motion is granted and appellee's lodged supplemental appendix is filed & Order that this appeal shall be scheduled for consideration before a merits division as soon as the calendar permits
04/19/2023
Filed
Supplemental Appendix (Appellee)
04/19/2023
Filed
Briefing Completed
05/04/2023
Filed
ACTION - Ready for Calendaring - Regular
09/28/2023
Filed
ACTION - Calendar notice sent
10/20/2023
Filed
Motion To Postpone Argument (Appellant LHL Realty Company, Appellant LHL Realty Company DC, LLC.)
Granted
11/02/2023
Filed
Order Granting motion to postpone argument F/O stay case pending decision in 22-TX-0434
07/15/2024
Filed
Counsel's Motion to Withdraw (Appellee)
Granted
07/17/2024
Filed
Order Granting appellee's motion to withdraw the appearance of Richard S. Love, Esquire, as counsel of record and the appearance of Richard S. Love, Esquire, is hereby withdrawn.
09/04/2024
Filed
ORDERED that the parties file supplemental briefs addressing the decision's impact on this case. Appellant LHL Realty Company shall file its supplemental brief of not more than ten (10) pages within thirty (30) days of this order; appellee District of Columbia shall file its supplemental brief of not more than ten (10) pages within thirty (30) days of the filing of appellant's supplemental brief; and appellant LHL Realty Company may file a supplemental reply of not more than five (5) pages within fifteen (15) days of the filing of appellee's supplemental brief. The case will be scheduled for oral argument at the earliest available time after supplemental briefing is complete.
10/01/2024
Filed
Supplemental Brief (Appellant LHL Realty Company DC, LLC.)
10/07/2024
Filed
Motion For Extension Of Time to File It's Supplemental Brief (Appellee)
Granted
10/10/2024
Filed
Order Granting appellee's motion for an extension of time to file a supplemental brief and appellee's supplemental brief shall be filed on or before November 7, 2024.
11/07/2024
Filed
Supplemental Brief (Appellee)
11/20/2024
Filed
Supplemental Reply Brief (Appellant LHL Realty Company, Appellant LHL Realty Company DC, LLC)
03/27/2025
Filed
ACTION - Calendar notice sent
04/30/2025
Filed
Appearance by Marcella Coburn, Esq. (Appellee)
05/01/2025
Filed
In their supplemental briefs, the parties discuss the Supreme Court's decision in Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (2024), and its implications for the doctrine of deference to administrative agencies. After the supplemental briefs were filed, the D.C. Council enacted the Review of Agency Action Clarification Emergency Amendment Act (D.C. Act 25-634). The emergency act has expired, but a temporary act (D.C. Act 25-664) is now in effect through October 2025. The parties should be prepared at oral argument to discuss the temporary act.
05/07/2025
Filed
Argued before Associate Judges McLeese, Deahl, and Howard. (Stephanie Anne Lipinski Galland, Esq. for appellant LHL Realty Company DC, LLC) (Marcella Coburn, Esq. for appellee District of Columbia)
05/09/2025
Filed
Ordered that the parties shall file supplemental briefs addressing whether, in light of Loper Bright and the ensuing D.C. Council legislation, this court continues to owe deference to administrative agencies' interpretations of statutes and regulations. LHL LLC's brief shall be filed on or before June 24, 2025. The District of Columbia's brief shall be filed on or before July 24, 2025. Any reply brief filed by LHL LLC shall be filed on or before August 14, 2025. The United States, the Legal Aid Society of the District of Columbia, and the Chamber of Commerce of the United States are invited to file amicus briefs. Any such amicus briefs shall be filed in compliance with D.C. App. R. 29(a)(5) and (a)(6).