District of Columbia v. Economides

Summary

The District of Columbia Court of Appeals held that a later-amended building permit does not retroactively cure violations for construction performed outside the scope of the permit in effect at the time. The court concluded that the Attorney General could prosecute the homeowner for building without a permit despite DCRA's subsequent issuance of amended permits. The court reversed the trial court's dismissal of the criminal information and remanded for further proceedings.

Holdings

1. An amended building permit cannot be applied retroactively to cure pre-amendment violations. An individual may be prosecuted under D.C. Code § 5-1306(a) for performing construction that was outside the scope of the permit in effect when the construction occurred, regardless of whether a later amended permit authorized the work.

Questions Presented

1. Whether an amended or revised building permit issued after construction began can retroactively cure violations of the Construction Codes and bar prosecution for construction performed outside the scope of the permit in effect at the time.

Disposition

reversed_and_remanded