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Associated Estates, LLC v. Caldwell

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Appeal from the Superior Court of the District of Columbia (Hon. Rafael Diaz, Trial Judge)

Argued December 5, 2000

Denise Caldwell, as the personal representative of the Estate of Eugene Caldwell, sued to set aside a tax deed issued to Associated Estates following the expiration of the statutory period allowed for redemption of property sold for failure to pay taxes. The trial court awarded summary judgment to Ms. Caldwell and voided the deed on the ground that the District of Columbia had failed to send by registered or certified mail a notice of the expiring redemption period to the record owner of the property, as the District was required to do by law. The court ruled that this failure could not be cured by a showing that Ms. Caldwell had actual knowledge of the Estate’s redemption rights. The court conditioned reversion of the property to the Estate on repayment to Associated Estates of amounts it had paid for taxes and conveyance of the deed. The court refused to require the Estate to reimburse Associated Estates for expenditures that it had made to maintain and improve the property on the ground that such reimbursement was not authorized by the tax sale statute.

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