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DISTRICT OF COLUMBIA
COURT OF APPEALS
Linda W. Cropp, Chairman, et al., Appellants, v. Anthony A. Williams,
Mayor, Appellee.
Civil Action No. 03-0004569
Calendar #12
(Judge John M. Campbell)
JOINT MOTION TO EXPEDITE CONSIDERATION OF APPEAL
Pursuant to Rule 4(c) of the District of Columbia Court
of Appeals, plaintiffs and defendant respectfully move the Court to
expedite consideration of this appeal. The grounds for this motion are
as follows:
- In this appeal, appellants challenge
an order of the Superior Court granting the Mayor's Motion for Summary
Judgment and denying the Members of the Council's Motion for Summary
Judgment concerning the validity of the Inspector General Qualifications
Emergency Amendment Act of 2003 (D.C. Act 15-78), which became effective
April 29, 2003 (expired July 28, 2003); the Inspector General
Qualifications Temporary Amendment Act of 2003 (D.C. Law 15-22), which
became effective June 21, 2003 (will expire February 1, 2004); and the
Inspector General Qualifications Amendment Act of 2003 (D.C. Act 15-94;
50 DCR 4651). The trial court (Campbell, J.), found that "the
section of the statute that applies to the incumbent Inspector General
is declared to be void, on the ground that it violates principles of
separation of powers." (Opinion at 1).
- Expedition of the proceedings in this
action is in the best interests of the public and is warranted in the circumstances of this case.
In support of the expedited consideration of the appeal,
the parties respectfully request that the brief of the Appellants be due
within 20 days of the filing of the record, the brief of Appellee be due
within 30 days after the filing of the brief for Appellants, and that
the reply brief for Appellants be due within 15 days of the filing of
the brief of the Appellee.
WHEREFORE, the parties respectfully request that the
Court issue an order scheduling briefs for the dates set forth above,
and oral argument for the earliest date convenient to the Court and to
the Counsel for Appellee and Appellants.
Respectfully submitted,
Edward Schwab (#100503)
Acting Deputy Corporation Counsel
Appellate Division
441 - 4th Street, N.W.
6th Floor South
Washington, D.C. 20001
(202) 724-5692
(202) 727-0431 (facsimile)
Attorney for Appellee
Charlotte Brookins-Hudson
General Counsel (#954244) Council of the District of
Columbia
1350 Pennsylvania Avenue, N.W. - Suite 4
Washington, D.C.
20004
(202) 724-8026
(202) 724-8129 (facsimile)
Cbrookinshudson@dccouncil.us
Attorney for Appellants
DISTRICT OF COLUMBIA
COURT OF APPEALS
Linda W. Cropp, Chairman, et al., Appellants, v. Anthony A. Williams,
Mayor, Appellee.
Civil Action No. 03-0004569
Calendar #12
(Judge John M. Campbell)
ORDER
This matter comes before the Court on the Joint Motion to
Expedite Consideration of Appeal. Upon consideration of the request, and
it appearing that expedited consideration is in the best interest of the
public, it is by this Court this _____ day of _____ 2003;
ORDERED: That the Joint Motion to Expedite Consideration
of Appeal is GRANTED.
FURTHER ORDERED THAT:
The brief of Appellants shall be filed no later than 20
days after the filing of the record on appeal; the brief of the Appellee
shall be due no later than 30 days from the date of the filing of the
brief of Appellants; and that the reply brief of Appellants shall be due
no later than 15 days from the date of the filing of the brief of
Appellee.
JUDGE
cc: Charlotte Brookins-Hudson General
Counsel
Office of the General Counsel
Council of the District of Columbia
1350 Pennsylvania Avenue, N.W., Suite 4
Washington, D.C.
20004
Robert Spagnoletti
Acting Corporation Counsel
Office of the Corporation Counsel
1350 Pennsylvania Avenue, N.W., Suite 409
Washington,
D.C. 20004
Edward Schwab
Acting Deputy Corporation Counsel
Appellate Division
441 - 4th Street, N.W., 6th Floor South
Washington, D.C. 20001
Back to top of page
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
CIVIL DIVISION
Linda W. Cropp, Chairman, et al., Appellants, v. Anthony A. Williams,
Mayor, Appellee.
Civil Action No. 03-0004569
Calendar #12
(Judge John M. Campbell)
DESIGNATION OF RECORD
Pursuant to Rule 10(b) of the District of Columbia
Court of Appeals, the Clerk of the
Court will please include in the record on appeal
in the above-captioned case the following:
- All docket entries.
- Complaint for declaratory and injunctive relief,
filed June 4, 2003.
- Motion for Expedited Consideration of Complaint for
Declaratory Relief, Memorandum of Points and Authorities in Support of
Motion of Plaintiffs for Expedited Consideration of Complaint for
Declaratory and Injunctive Relief.
- Plaintiffs' Motion for Summary Judgment, Memorandum
of Points and Authorities in Support of Plaintiffs' Motion for
Summary Judgment, Plaintiffs' List of Exhibits, Plaintiffs' Statement of
Undisputed Material Facts, and Plaintiffs' Statutory Appendices.
- Defendant's Motion to Dismiss the Complaint, or in
the Alternative, for Summary Judgment, Defendant's Memorandum of Points
and Authorities in Support of the Defendant's Motion to Dismiss the
Complaint, or in the Alternative, for Summary Judgment, Defendant's Statement
of Material Facts Not in Dispute, and exhibits.
- Plaintiffs' Memorandum in Opposition
to Defendant's Motion to Dismiss the Complaint, or in the Alternative, for Summary Judgment.
- Defendant's Memorandum of Points and
Authorities in Opposition to Plaintiffs' Motion for Summary Judgment.
- Plaintiffs' Supplemental Memorandum
on the Issue of Standing in Support of Motion for Summary Judgment.
- Defendant's Supplemental Brief on the
Issues of Standing and the Applicability of Quo Warranto to the Instant
Proceedings.
- Order of June 18, 2003 (Campbell,
J.), docketed on June 20, 2003.
- Order of August 1, 2003 (Campbell,
J.).
- Notice of Appeal.
- This designation of record.
- Statement of Intention Not to
Request Transcript Preparation.
Respectfully submitted,
Charlotte Brookins-Hudson
General Counsel (#954244)
Council of the District of
Columbia
1350 Pennsylvania Avenue, N.W. - Suite 4
Washington, D.C.
20004
(202) 724-8026
(202) 724-8129 (facsimile)
Cbrookinshudson@dccouncil.us
Attorney for Plaintiffs-Appellants
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Designation
of Record was mailed, postage prepaid, this 5th day of August, 2003, to:
Edward Schwab
Acting Deputy Corporation Counsel
Appellate Division
441 4th Street, N. W.
6th Floor South
Washington, D.C. 20001
Robert J. Spagnoletti
Acting Corporation Counsel
1350 Pennsylvania Avenue, N.W. Suite 409
Washington, D.C. 20004
CHARLOTTE BROOKINS-HUDSON (#954255)
General Counsel
Attorney for Plaintiffs-Appellants
Back to top of page
DISTRICT OF COLUMBIA
COURT OF APPEALS
Linda W. Cropp, Chairman, et al., Appellants, v. Anthony A. Williams,
Mayor, Appellee.
Civil Action No. 03-0004569
Calendar #12
(Judge John M. Campbell)
DOCKETING STATEMENT
Pursuant to Rule 7A(a) of the District of Columbia Court
of Appeals, Appellants file this docketing statement.
- Full caption: Linda W. Cropp, et al., v. Anthony A.
Williams, Mayor.
- Party filing appeal or petition: Linda W. Cropp,
Chairman of the Council, and Council Members Sandra Allen, Sharon Ambrose, Harold
Brazil, David Catania, Kevin Chavous, Jack Evans, Adrian Fenty, Jim Graham, Phil
Mendelson, Vincent Orange, Kathy Patterson, and Carol Schwartz, acting in their
official capacity.
- Superior Court No.: Civil Action No. 03-0004569
- Superior Court Judge: John M. Campbell, Associate
Judge
- Timeliness of Appeal or Petition for Review:
- Date of entry of judgment or order appealed
from: August 1, 2003
- Filing date of any post judgment motion: None
- Date of entry of order deciding post judgment
motion: Not Applicable
- Date notice of appeal or petition filed: August
4, 2003
- Statute or Rule fixing time limit for filing appeal
or petition: DCCA R. 4(a)
- Appeal
from Superior Court:
- Is the order appealed from a final order (i.e., does
it dispose of the action as to all claims by all parties: Yes.
- Not applicable.
- Not applicable.
- Has any other notice of appeal or
petition for review been filed in this case? No
- Has this appeal or petition
previously been before the Court? No.
- Are there any appeals or petitions
involving the same underlying order, or to counsel's knowledge,
involving substantially the same issues, currently pending before this
Court? No.
- Does this case turn on the validity
or correct interpretation or application of a particular statute or
case? Yes
If yes, give popular name and citation of statute and/or
case: This case raises important issues concerning the breadth of the
power of the Council under sections 302 and 404 of the Home Rule Act and
the ability of the Mayor to refuse to carry out his section 422(2) of
the Home Rule Act authority to execute all laws relating to the District
of Columbia.
- State concisely the principal
issue(s) in this appeal or petition:
- Whether the Mayor violates section 422(2) of the Home
Rule Act when he refuses to execute a duly adopted law, such as the
Inspector General Qualifications Emergency Amendment Act of 2003,
Temporary and Permanent acts, without first seeking judicial
clarification, when section 422 of the Home Rule Act states that he is
"responsible for the proper execution of all laws relating to the
District," and the court is the final arbiter of the validity of
laws?
- Whether the Council in exercising its section 302 and
404 Home Rule Act powers to enact new qualifications for a position,
which it deems necessary for an office holder, can impose new
qualifications upon an incumbent, which are substantial, if the
imposition of the otherwise valid qualifications would have the effect
of forcing the incumbent to vacate office, without there simultaneously
being a substantial change in the identity/duties of that office?
- Does this appeal or petition present
any new question of law? Yes.
If yes, what is that question: See responses to #11
above.
- Nature of relief sought below:
injunctive relief - denied
declaratory relief - denied to plaintiffs, but granted to
defendant.
- Nature of disposition below:
summary judgment was granted to defendant.
- Do you intend to order any portion of the transcript for
the appeal or petition? No.
Why not? because the Court of Appeal's review of the
trial court's order granting summary judgment is a de novo one.
- Attach copy of Order or Judgment from which appeal or
petition taken. See attachment
- Name, addresses and telephone numbers of trial or agency
counsel for all parties. For plaintiffs: Charlotte Brookins-Hudson,
General Counsel, D.C. Council, 1350 Pennsylvania Avenue, N.W., Suite 4,
Washington, D.C. 20004, (202) 724-8026, (202) 724-8129 (facsimile), and cbrookinshudson@dccouncil.us.
For defendant: Robert Spagnoletti, Corporation Counsel, 1350
Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004, (202)
724-3400, Edward Schwab, Acting Deputy Corporation Counsel, Appellate
Division, 441 - 4th Street, N.W., 6th Floor South, Washington, D.C.
20001, (202) 724-5692.
- Should a settlement conference be scheduled in this
appeal or petition? No.
I certify that the above information is accurate
to the best of my knowledge.
Charlotte Brookins-Hudson
Attorney for Appellants General Counsel
Council of the District of Columbia
1350 Pennsylvania Avenue, N.W., Suite #4
Washington, D.C.
20004
(202) 724-8026 (office) (202) 724-8129 (facsimile)
Cbrookinshudson@dccouncil.us
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Docketing
Statement was mailed, postage prepaid, this 5th date of August, 2003,
to:
Edward Schwab
Acting Deputy Corporation Counsel
Appellate Division
441
- 4th Street, N.W. 6th Floor South
Washington, D.C. 20001
Robert Spagnoletti
Corporation Counsel
1350 Pennsylvania Avenue, N.W. Suite 409
Washington, D.C. 20004
Charlotte Brookins-Hudson #954255
General Counsel, D.C.
Council
Back to top of page
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
CIVIL DIVISION
Linda W. Cropp, Chairman, et al., Appellants, v. Anthony A. Williams,
Mayor, Appellee.
Civil Action No. 03-0004569
Calendar #12
(Judge John M. Campbell)
STATEMENT OF INTENTION NOT TO REQUEST TRANSCRIPT PREPARATION
Pursuant to Rule 10(c)(2) of the District of Columbia Court of
Appeals, Plaintiffs state that they will not order a transcript of the
July 10, 2003, oral argument on the cross motion for summary judgment,
because this Court’s review of the trial court’s order granting
summary judgment is a de novo one.
Respectfully submitted,
Charlotte Brookins-Hudson
General Counsel (#954244)
Council of the District of
Columbia
1350 Pennsylvania Avenue, N.W. - Suite 4
Washington, D.C.
20004
(202) 724-8026
(202) 724-8129 (facsimile)
Cbrookinshudson@dccouncil.us
Attorney for Plaintiffs-Appellants
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Designation
of Record was mailed, postage prepaid, this 5th day of August, 2003, to:
Edward Schwab
Acting Deputy Corporation Counsel
Appellate Division
441 4th Street, N. W.
6th Floor South
Washington, D.C. 20001
Robert J. Spagnoletti
Acting Corporation Counsel
1350 Pennsylvania Avenue, N.W. Suite 409
Washington, D.C. 20004
CHARLOTTE BROOKINS-HUDSON (#954255)
General Counsel
Attorney for Plaintiffs-Appellants
Respectfully submitted,
Charlotte Brookins-Hudson
General Counsel (#954244)
Council of the District of
Columbia
1350 Pennsylvania Avenue, N.W. - Suite 4
Washington, D.C.
20004
(202) 724-8026
(202) 724-8129 (facsimile)
Cbrookinshudson@dccouncil.us
Attorney for Plaintiffs-Appellants
Back to top of page
DISTRICT OF COLUMBIA
COURT OF APPEALS
Linda W. Cropp, Chairman, et al., Appellants, v. Anthony A. Williams,
Mayor, Appellee.
Civil Action No. 03-0004569
Calendar #12
(Judge John M. Campbell)
JOINT MOTION TO WAIVE DCCA-RULE 7A SETTLEMENT CONFERENCE
Appellants and Appellee respectfully move the Court to waive the
settlement conference procedures mandated by DCCA-Rule 7A in the
above-referenced case.
In this appeal, Appellants challenge an order of the Superior Court
granting the Appellee Mayor’s Motion for Summary Judgment and denying
the Appellants-Members of the District of Columbia Council’s Motion
for Summary Judgment. Since the appeal involves declaratory and
injunctive relief, rather than monetary damages, and considering the
nature of the legal issues raised in this case, any settlement
conference procedure would not be producture.
For these reasons, appellants and appellee request that the Court
waive the settlement conference procedures in this case.
Respectfully submitted,
Charlotte Brookins-Hudson
General Counsel (#954244)
Council of the District of
Columbia
1350 Pennsylvania Avenue, N.W. - Suite 4
Washington, D.C.
20004
(202) 724-8026
(202) 724-8129 (facsimile)
Cbrookinshudson@dccouncil.us
Attorney for Appellants
Edward Schwab (#100503)
Acting Deputy Corporation Counsel
Appellate Division
441 - 4th Street, N.W.
6th Floor South
Washington, D.C. 20001
(202) 724-5692
(202) 727-0431 (facsimile)
Attorney for Appellee
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Designation
of Record was mailed, postage prepaid, this 5th day of August, 2003, to:
Edward Schwab
Acting Deputy Corporation Counsel
Appellate Division
441 4th Street, N. W.
6th Floor South
Washington, D.C. 20001
Robert J. Spagnoletti
Acting Corporation Counsel
1350 Pennsylvania Avenue, N.W. Suite 409
Washington, D.C. 20004
CHARLOTTE BROOKINS-HUDSON (#954255)
General Counsel
Attorney for Plaintiffs-Appellants
Back to top of page
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
CIVIL DIVISION
Linda W. Cropp, Chairman, et al., Appellants, v. Anthony A. Williams,
Mayor, Appellee.
Civil Action No. 03-0004569
Calendar #12
(Judge John M. Campbell)
PLAINTIFFS’ NOTICE OF APPEAL
Notice is hereby given that plaintiffs, Linda W. Cropp, et al.,
appeal to the District of Columbia Court of Appeals from the order of
the Superior Court, dated August 1, 2003, which granted the
defendant’s motion for summary judgment and denied the plantinffs’
motion for summary judgment. Charlotte Brookins-Hudson
General Counsel (#954244)
Council of the District of
Columbia
1350 Pennsylvania Avenue, N.W. - Suite 4
Washington, D.C.
20004
(202) 724-8026
(202) 724-8129 (facsimile)
Cbrookinshudson@dccouncil.us
Name and address of attorney or parties to be served:
Charlotte Brookins-Hudson
General Counsel (#954244)
Council of the District of
Columbia
1350 Pennsylvania Avenue, N.W. - Suite 4
Washington, D.C.
20004
(202) 724-8026
(202) 724-8129 (facsimile)
Cbrookinshudson@dccouncil.us
Attorney for Plaintiffs-Appellants
Edward Schwab (#100503)
Acting Deputy Corporation Counsel
Appellate Division
441 - 4th Street, N.W.
6th Floor South
Washington, D.C. 20001
(202) 724-5692
(202) 727-0431 (facsimile)
Attorney for Defendant-Appellee
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