Peoples Drug Stores, Inc. v. Dist. of Columbia, 470 A.2d 751 (D.C. 1983). · Go Syfert
Peoples Drug Stores, Inc. v. Dist. of Columbia, 470 A.2d 751 (D.C. 1983). Cases Citing This Book View Copy Cite
569 citation events (304 in the last 25 years) across 5 distinct courts.
Strongest positive: Davidson v. District of Columbia Board of Medicine (dc, 1989-07-13)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Davidson v. District of Columbia Board of Medicine (2×) also: Cited "see"
D.C. · 1989 · quote attribution · 1 verbatim quote · confidence high
legislative history
examined Cited as authority (quoted) ALFREDO SALVATERRO v. ISELA RAMIREZ (3×) also: Cited as authority (rule)
D.C. · 2014 · quote attribution · 1 verbatim quote · confidence low
where legislative materials are without probative value, or contradictory, or ambiguous, they should not be permitted to control the customary meaning of words.
discussed Cited as authority (quoted) ALFREDO SALVATERRO v. ISELA RAMIREZ (2×) also: Cited as authority (rule)
D.C. · 2014 · quote attribution · 1 verbatim quote · confidence low
where legislative materials are without probative value, or contradictory, or ambiguous, they should not be permitted to control the customary meaning of words.
discussed Cited as authority (rule) Bloomberg, Inc. v. District of Columbia Office of Tax & Revenue
D.C. · 2026 · confidence medium
Indeed, it is difficult to see how that purported legislative intent accords with the legislative text. “[T]he intent of the lawmaker is to be found in the language that he has used.” Peoples Drug Stores v. District of Columbia, 470 A.2d 751, 753 (D.C. 1983) (en banc) (quoting Varela v. Hi-Lo Powered Stirrups, Inc., 424 A.2d 61, 64 (D.C. 1980)) (citation omitted).
discussed Cited as authority (rule) Jennings & Turner v. United States (2×)
D.C. · 2026 · confidence medium
We interpret a statute to effectuate “the legislature’s intent,” which, as a “general rule . . . is to be found in the language that [the lawmaker] has used.” Wynn v. United States, 48 A.3d 181, 188 (D.C. 2012) (quoting Peoples Drug Stores v. District of Columbia, 470 A.2d 751, 753 (D.C. 1983) (en banc)).
discussed Cited as authority (rule) Banks v. Hoffman (Amended Opinion)
D.C. · 2026 · confidence medium
The appellants never explained how the Anti-SLAPP Act prevents the Superior Court from “conduct[ing] its business according to the Federal Rules of 9 This court has held that we “may refuse to adhere strictly to the plain wording of a statute in order ‘to effectuate the legislative purpose,’ Mulky v. United States, 451 A.2d 855, 857 (D.C. 1982), as determined by a reading of the legislative history or by an examination of the statute as a whole.” Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 754 (D.C. 1983) (en banc).
discussed Cited as authority (rule) Banks v. Hoffman
D.C. · 2025 · confidence medium
As the Council puts it in its amicus brief, the Act “does not amend a single word of section 11-946,” it does not amend any court rule, or by an examination of the statute as a whole.” Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 754 (D.C. 1983) (en banc).
discussed Cited as authority (rule) McKenzie v. Persaud
D.C. · 2025 · confidence medium
A violation of the CPO is included among the “total mix of information in determining whether there is a cognizable danger that the respondent will commit or threaten to commit a criminal offense against the petitioner in the coming year.” Id. 12 The amendments do not overrule Ramirez’s reasoning that, as (3) “whenever possible, the words of a statute are to be construed to avoid obvious injustice”; or (4) “a court may refuse to adhere strictly to the plain wording of a statute in order to effectuate the legislative purpose, as determined by a reading of the legislative history or …
cited Cited as authority (rule) Potomac Place Assoc., LLC v. Mendez
D.C. · 2025 · confidence medium
Temps Corp. v. District of Columbia, 926 A.2d 131, 136 (D.C. 2007); Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 753 (D.C. 1983).
discussed Cited as authority (rule) Tovar v. Regan Zambri Long, PLLC
D.C. · 2024 · confidence medium
We examine the words “according to their ordinary sense and with the meaning commonly attributed to them.” Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 753 (D.C. 1983) (en banc) (internal quotation omitted).
discussed Cited as authority (rule) Velasquez Cardozo v. United States
D.C. · 2024 · confidence medium
The Text and Context of the Statute When interpreting a statute, we first examine the language “by itself to see if [it] is plain and admits of no more than one meaning.” Eaglin v. District of Columbia, 123 A.3d 953, 955 (D.C. 2015) (quoting Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 753 (D.C. 1983) (en banc)). “[I]f the plain meaning of statutory language is clear and unambiguous and will not produce an absurd result, we will look no further.” Id. at 956 (quoting Smith v. United States, 68 A.3d 729, 735 (D.C. 2013)). 9 The District’s kidnapping statute, broken …
discussed Cited as authority (rule) Beatley v. District of Columbia
D.C. · 2024 · confidence medium
As this court has previously observed, “[i]t is not uncommon for a tax statute to use the date of payment to mark the commencement of the filing period for a refund claim.” Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 755 (D.C. 1983) (en banc).
discussed Cited as authority (rule) Wong v. District of Columbia
D.C. · 2024 · confidence medium
To interpret a statute, this court will “first look to see whether the statutory language at issue is ‘plain and admits of no more than one meaning.’” Facebook, Inc. v. Wint, 199 A.3d 625 , 628 (D.C. 2019) (quoting Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 753 (D.C. 1983) (en banc)); see also Yazam, Inc. v. D.C.
discussed Cited as authority (rule) Unit Owners Ass'n of 2337 Champlain St. Condo. v. 2337 Champlain St., LLC
D.C. · 2024 · confidence medium
However, no party suggests (and we do not see) that this is a case in which a “court may refuse to adhere strictly to the plain language of a statute in order ‘to effectuate the legislative purpose’ as determined by a reading of the legislative history or by an examination of the statute as a whole.” Id. (quoting Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 754 (D.C. 1983) (en banc)). 32 owners’ association” for purposes of applying Subsection (c) to those amendments.34 Therefore, Erie argues, any challenge to the validity of the amendments had to be brought by …
discussed Cited as authority (rule) Long v. United States
D.C. · 2024 · confidence medium
See PDS Br. at 7; see also Jackson v. United States, No. 23-CO-0324; Caston v. United States, No. 21-CO-0855. 18 further.” Id. (internal quotation omitted). “[I]n examining the statutory language, it is axiomatic that the words of the statute should be construed according to their ordinary sense and with the meaning commonly attributed to them.” Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 753 (D.C. 1983) (en banc) (internal quotation and brackets omitted).
discussed Cited as authority (rule) Long v. United States
D.C. · 2024 · confidence medium
“Generally speaking, if the plain meaning of statutory language is clear and unambiguous and will not produce an absurd result, [this court] will look no further.” Id. (internal quotation omitted). “[I]n examining the statutory language, it is axiomatic that the words of the statute should be construed according to their ordinary sense and with the meaning commonly attributed to them.” Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 753 (D.C. 1983) (en banc) (internal quotation and brackets omitted).
discussed Cited as authority (rule) Williams v. United States
D.C. · 2024 · confidence medium
Legislative Purpose & Context We also turn to “the legislative history to ensure that our interpretation is consistent with legislative intent.” Robert v. United States, 216 A.3d 870 , 876 (D.C. 2019) (internal quotation marks omitted) (quoting Facebook, 199 A.3d at 628). “[E]ven where the words of a statute have ‘superficial clarity,’ a review of the legislative history or an in-depth consideration of alternative constructions that could be ascribed to statutory language may reveal ambiguities that the court must resolve.” Facon, 288 A.3d at 328 (quoting Peoples Drug Stores, Inc. …
discussed Cited as authority (rule) Beatley v. District of Columbia
D.C. · 2024 · confidence medium
As this court has previously observed, “[i]t is not uncommon for a tax statute to use the date of payment to mark the commencement of the filing period for a refund claim.” Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 755 (D.C. 1983) (en banc).
discussed Cited as authority (rule) McDuffie v. District of Columbia Board of Elections
D.C. · 2023 · confidence medium
As always, we begin our analysis with the text of the statute, because “[t]he primary and general rule of statutory construction is that the intent of the lawmaker is to be found in the language that [they] . . . used.” Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 753 (D.C. 1983) (en banc) (quoting Varela v. Hi-Lo Powered Stirrups, Inc., 424 A.2d 61, 64 (D.C. 1980) (en banc)).
discussed Cited as authority (rule) Ethiopian Orthodox Tewahedo Church, Inc. v. Akilu Habte
D.C. · 2023 · confidence medium
Facebook, Inc. v. Wint, 199 A.3d 625 , 628 (D.C. 2019) (quoting Peoples 50 Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 753 (D.C. 1983) (en banc)). 40 context of the statute as a whole.” 51 If necessary, we may look to a statute’s legislative history to confirm “that our interpretation is consistent with legislative intent.” 52 We conclude that D.C.
discussed Cited as authority (rule) Khan v. Orbis Business Intelligence Ltd.
D.C. · 2023 · confidence medium
“The initial step in statutory interpretation is to ‘first look at the language of the statute by itself to see if the language is plain and admits of no more than one meaning’ while construing the words in their ‘ordinary sense and with the meaning commonly attributed to them.’” Dobyns v. United States, 30 A.3d 155, 159 (D.C. 2011) (quoting Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 753 (D.C. 1983) (en banc)).
discussed Cited as authority (rule) United States v. Facon
D.C. · 2023 · confidence medium
(A) any person arrested in the District of Columbia; or (B) any material witness in any criminal proceeding in a court referred to in paragraph (1) of this section.”). 15 See Facebook, Inc. v. Wint, 199 A.3d 625 , 628 (D.C. 2019). 16 Grayson v. AT&T Corp., 15 A.3d 219, 237 (D.C. 2011) (en banc) (citation omitted). 17 Facebook, 199 A.3d at 628 (quoting Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 753 (D.C. 1983) (en banc)). 18 McNeely v. United States, 874 A.2d 371, 387 (D.C. 2005) (citation omitted). 20 have a ‘superficial clarity,’ a review of the legislative history…
discussed Cited as authority (rule) In re Macklin
D.C. · 2022 · confidence medium
Ordinarily, “the intent of the lawmaker is to be found in the language he [or she] has used.” Tippett v. Daly, 10 A.3d 1123, 1126 (D.C. 2010) (quoting Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 753 (D.C. 1983) (en banc)).
discussed Cited as authority (rule) Price v. Bd. of Ethics and Gov't Accountability
D.C. · 2022 · confidence medium
The first step in statutory interpretation is to determine if the “language is plain and admits of no more than one meaning.” Odumn v. United States, 227 A.3d 1099 , 1102 (D.C. 2020) (quoting Peoples Drug Stores., Inc. v. District of Columbia, 470 A.2d 751, 753 (D.C. 1983) (en banc)).
discussed Cited as authority (rule) Price v. Bd. of Ethics and Gov't Accountability
D.C. · 2022 · confidence medium
The first step in statutory interpretation is to determine if the “language is plain and admits of no more than one meaning.” Odumn v. United States, 227 A.3d 1099 , 1102 (D.C. 2020) (quoting Peoples Drug Stores., Inc. v. District of Columbia, 470 A.2d 751, 753 (D.C. 1983) (en banc)).
discussed Cited as authority (rule) Lee v. United States
D.C. · 2022 · confidence medium
“The first step in statutory interpretation is to determine if the statute’s ‘language is plain and admits of no more than one meaning.’” Odumn v. United 10 States, 227 A.3d 1099 , 1102 (D.C. 2020) (quoting Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 753 (D.C. 1983) (en banc)).
discussed Cited as authority (rule) McDuffie v. D.C. Board of Elections
D.C. · 2022 · confidence medium
“The primary and general rule of statutory construction is that the intent of the lawmaker is to be found in the language that he has used.” Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 753 (D.C. 1983) (en banc) (quoting Varela v. Hi-Lo Powered Stirrups, Inc., 424 A.2d 61, 64 (D.C. 1980) (en banc)).
discussed Cited as authority (rule) Bailey v. United States
D.C. · 2021 · confidence medium
We are obliged to read § 22-2801 as it is written. 6 That means we must construe its words “according to their ordinary sense and with the meaning commonly attributed to them,” 7 and give effect to the statute’s “plain meaning when 6 See Sharps v. United States, 246 A.3d 1141 , 1149 (D.C. 2021) (when interpreting statutes, we “aim . . . to ascertain and give effect to the legislature’s intent,” which “is to be found in the language [it] has used” (quoting Kornegay v. United States, 236 A.3d 414 , 418 (D.C. 2020), and Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2…
discussed Cited as authority (rule) Johnson v. District of Columbia
D.D.C. · 2021 · confidence medium
Alcoholic Beverage Control Bd., 213 A.3d 605, 609 (D.C. 2019) (quoting Varela v. Hi-Lo Powered Stirrups, Inc., 424 A.2d 61 , 64–65 (D.C. 1980) (en banc)). “[T]he words of the statute should be construed according to their ordinary sense and with the meaning commonly attributed to them.” Id. (quoting Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 753 (D.C. 1983) (en banc)).
discussed Cited as authority (rule) Sharps and Jordan v. United States
D.C. · 2021 · confidence medium
Although § 11-947 does not expressly mention § 23-1322(b) or pretrial detention, it empowers 33 Eaglin v. District of Columbia, 123 A.3d 953, 955 (D.C. 2015). 34 Kornegay v. United States, 236 A.3d 414 , 418 (D.C. 2020) (internal quotation marks and citation omitted). 35 Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 753 (D.C. 1983) (en banc) (quotation marks and citations omitted). 36 Id. (quotation marks and citations omitted). 37 Facebook, Inc. v. Wint, 199 A.3d 625 , 628 (D.C. 2019). 16 the S.C.C.J. in plain language to alter “deadlines imposed by any Federal or Distr…
discussed Cited as authority (rule) Augustin v. United States
D.C. · 2020 · confidence medium
The ASAA does not define the term “touching.” “When the terms of a statute are undefined and not recognized terms of art, we presumptively accord them their ordinary meaning in common usage, taking into account the context in which they are employed.”19 The dictionary is a “useful starting point.”20 But “individual words of a statute are to be read in the light of the statute taken as a whole, and where possible, courts should avoid constructions at variance with the 18 State v. Ohrtman, 466 N.W. 2d 1, 4 (Minn. Ct. App. 1991). 19 Hood, 28 A.3d at 559 (citing Peoples Drug Stores, …
discussed Cited as authority (rule) Miller v. D.C. OEA (2×) also: Cited "see"
D.C. · 2020 · confidence medium
In questions of statutory interpretation, “[w]e must first look at the language of the statute by itself to see if the language is plain and admits of no more than one meaning.” Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 753 (D.C. 1983) (en banc) 7 (cleaned up).
discussed Cited as authority (rule) Holmes, Jr. v. DC Department of Housing & Community Development and 1516 & 1520 Holobrook Street NE Tenants Association, Inc.
D.C. · 2020 · confidence medium
The plain language of the statute controls, Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 753 (D.C. 1983) (en banc), but where we encounter ambiguity, we defer to reasonable interpretations of the statute made by the agency administering the statute, here DHCD.
discussed Cited as authority (rule) Khan v. Orbis Business Limited
D.C. · 2020 · confidence medium
As a general rule, “the intent of the lawmaker is to be found in the language that he [or she] has used.” Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 753 (D.C. 1983) (en banc) (quoting Varela v. Hi-Lo Powered Stirrups, Inc., 424 A.2d 61, 64 (D.C. 1980) (en banc)).
discussed Cited as authority (rule) Nijae Odumn v. United States (2×) also: Cited "see"
D.C. · 2020 · confidence medium
The first step in statutory interpretation is to determine if the statute’s “language is plain and admits of no more than one meaning.” Peoples Drug Strs., Inc. v. District of Columbia, 470 A.2d 751, 753 (D.C. 1983) (en banc) (quoting Davis v. United States, 397 A.2d 951, 956 (D.C. 1979)).
discussed Cited as authority (rule) Facebook, Inc. v. James Pepe
D.C. · 2020 · confidence medium
Each of these arguments presents a question of statutory interpretation as to which our review is de novo. 13 As we stated in construing the SCA in Wint, We first look to see whether the statutory language at issue is “plain and admits of no more than one meaning.” Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 753 (D.C. 1983) (en banc) (internal quotation 11 18 U.S.C. §§ 2702 (b)(1), (b)(3). 12 Id. § 2702(c)(6).
discussed Cited as authority (rule) Farthest North Girl Scout Council, Russ Sharpton and Suellen Nelles v. Girl Scouts of the United States of America
Alaska · 2019 · confidence medium
I, § 8, cl. 18. 13 MOE, supra note 20, at 1. 14 See id. at 5. 15 Id. 16 36 U.S.C. § 80301 (a) (2018). -6- 7408 [they] use to examine articles of incorporation adopted pursuant to general law.”17 And because the GSUSA’s congressional charter was a special act of the legislature, “[p]rinciples of statutory construction guide our interpretation” of the Congressional Charter.18 Where “the statutory language at issue is ‘plain and admits of no more than one meaning,’ ” Washington, D.C. courts will “give effect to the plain meaning of a statute.”19 “Common rules of statutory …
discussed Cited as authority (rule) DC Appleseed Center for Law and Justice, Inc. v. DC Department of Insurance, Securities, and Banking
D.C. · 2019 · confidence medium
A. Standard of Review On questions of statutory interpretation, we first look to see whether the statutory language at issue is “plain and admits of no more than one meaning.” Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 753 (D.C. 1983) (en banc) (internal quotation marks omitted).
examined Cited as authority (rule) Kelly v. D.C. Department of Employment Services & Potomac Electric Power Company (3×) also: Cited "see", Cited "see, e.g."
D.C. · 2019 · signal: cf. · confidence medium
Cf. Peoples Drug Stores, 470 A.2d at 754 (acknowledging, inter alia, that “the literal meaning of a statute will not be followed when it produces absurd results,” and “whenever possible, the words of a statute are to be construed to avoid obvious injustice” (internal quotation marks omitted)).
discussed Cited as authority (rule) 1215 CT, LLC t/a Rosebar Lounge v. DC Alcoholic Beverage Control Board
D.C. · 2019 · confidence medium
Thus, "even where the words of a statute have a superficial clarity," Peoples Drug Stores , 470 A.2d at 754 (internal quotation marks omitted), "we may turn to legislative history to ensure that our interpretation is consistent with legislative intent[,]" Aboye v. United States , 121 A.3d 1245 , 1249 (D.C. 2015) (internal quotation marks omitted).
discussed Cited as authority (rule) Rita Solon v. United States
D.C. · 2018 · confidence medium
That said, we "have repeatedly warned against the dangers of an approach to statutory construction which confines itself to the bare words of a statute" given that "literalness may strangle meaning." Peoples Drug Stores , 470 A.2d at 754 (internal quotation marks omitted).
examined Cited as authority (rule) Mario Giovani Valendzuela-Castillo v. United States (3×)
D.C. · 2018 · confidence medium
Washington v. District of Columbia, 137 A.3d 170 , 174 (D.C. 2016) ("[I]t is a fundamental principle of statutory construction (and, indeed, of language itself)" that statutory *82 language should be read in context, and statutes should be read holistically). 7 The majority opinion not only reads this actus reus provision without regard to its historical context and the statute as a whole, but it also fails to interpret the statutory "words ... according to their ordinary sense and with the meaning commonly attributed to them." Peoples Drug Stores , 470 A.2d at 753 (internal quotation marks an…
cited Cited as authority (rule) In re: K.G.
D.C. · 2018 · confidence medium
Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 753 (D.C. 1983) (en banc).
discussed Cited as authority (rule) Gilberto Lopez-Ramirez v. United States (2×)
D.C. · 2017 · confidence medium
See, e.g., District of Columbia Office of Tax & Revenue v. Sunbelt Beverage, LLC, 64 A.3d 138 , 145 (D.C. 2013) (“[I]t is well established that the literal meaning of a statute will not be followed when it produces absurd results[.]” (internal quotation marks omitted)); Peoples Drug Stores v. District of Columbia, 470 A.2d 751, 754 (D.C. 1983) (en banc) (“[A] court may refuse to adhere strictly to the plain wording of a statute in order to effectuate the legislative purpose[.]” (internal quotation marks omitted)).
discussed Cited as authority (rule) James Allen Campbell v. Us
D.C. · 2017 · signal: cf. · confidence medium
When a statute supplies a definition of a term, however, “definition by the average man or even by the ordinary dictionary ... is not a substitute for the definition set before us by the lawmakers with instructions to apply it to the exclusion of all others.” Fox v. Standard Oil Co. of N.J., 294 U.S. 87, 96 , 55 S.Ct. 333 , 79 L.Ed.780 (1935); cf. Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 754 (D.C. 1983) (en banc).
discussed Cited as authority (rule) Malik Ferguson v. United States
D.C. · 2017 · confidence medium
However, “[i]n appropriate cases, we also consult the legislative history of a statute,” W.H., supra, 78 A.3d at 337 , and “[a] court may refuse to adhere strictly to the plain wording of a statute in order to effectuate the legislative purpose as determined by a reading of the legislative history or by an examination of the statute as a whole,” Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 754 (D.C. 1983) (en banc) (internal quotation marks and citation omitted).
discussed Cited as authority (rule) VILEAN STEVENS & IKE PROPHET v. DISTRICT OF COLUMBIA DEPARTMENT OF HEALTH
D.C. · 2016 · confidence medium
Statutory construction principles “The primary and general rule of statutory construction is that the intent of the lawmaker is to be found in the language that he has used.” Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 753 (D.C. 1983) (en banc) (internal quotation marks omitted).
cited Cited as authority (rule) FASHON FORD v. DARYL B. SNOWDEN
D.C. · 2016 · confidence medium
Tippett v. Daly, 10 A.3d 1123, 1126 (D.C. 2010) (en banc) (quoting Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 753 (D.C. 1983) (en banc)).
cited Cited as authority (rule) FASHON FORD v. DARYL B. SNOWDEN
D.C. · 2016 · confidence medium
Tippett v. Daly, 10 A.3d 1123, 1126 (D.C. 2010) (en banc) (quoting Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 753 (D.C. 1983) (en banc)).
discussed Cited as authority (rule) IN RE EDWARD T. SMITH BRUCE E. GARDNER
D.C. · 2016 · confidence medium
District of Columbia Office of Tax & Revenue v. Sunbelt Bev., LLC, 64 A.3d 138, 145 (D.C.2013) (citing Peoples Drug Stores, Inc. v. District of Columbia, 470 A.2d 751, 753 (D.C.1983)) ("The primary and general rule of statutory construction is that the intent of the lawmaker is to be found in the language that he has used.”) (internal quotation marks and further citations omitted); In re Al-Baseer, 19 A.3d 341, 344 (D.C.2011) (“The court's task in interpreting a statute begins with its language, and, where it is clear, and its import not patently wrong or absurd, our task comes to an end.�…
Retrieving the full opinion text from the archive…
PEOPLES DRUG STORES, INCORPORATED, Appellant,
v.
DISTRICT OF COLUMBIA, Appellee
82-1297.
District of Columbia Court of Appeals.
Dec 15, 1983.
470 A.2d 751
1983 D.C. App. LEXIS 549
James Robertson, Washington, D.C., with whom F. David Lake, Jr., Washington, D.C., and Helen Torelli, Washington, D.C., were on brief, for appellant., Richard G. Amato, Assistant Corp. Counsel, with whom Judith W. Rogers, Corp. Counsel, at time brief was filed, Charles L. Reischel, Deputy Corp. Counsel, and Richard L. Aguglia, Asst. Corp. Counsel, Washington, D.C., were on brief, for appellee.
Newman, Kern, Nebeker, MacK, Ferren, Pryor, Terry.
Cited by 352 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: #38,470 of 633,719
Citer courts: District of Columbia Court of … (2)
FERREN, Associate Judge:

The trial court dismissed appellant’s petition challenging a District of Columbia use tax assessment, concluding that the court lacked jurisdiction because the petition was not timely filed pursuant to D.C.Code § 47-2403 (1973). [1] A division of this court, in an unpublished memorandum opinion and judgment issued July 19,1983, concluded that it was “constrained to affirm the trial court’s dismissal” in light of the interpretation given § 47-2403 in Donahue v. District of Columbia, 368 A.2d 1147 (D.C.1977) (per curiam). [2] Upon consideration by the full court, we now overrule Donahue (except to the extent necessary to address the particular facts of that case) and reverse the trial court’s order dismissing appellant’s petition.

I.

On August 18, 1977, appellee District of Columbia mailed to appellant taxpayer a Notice of D.C. Tax Due. The notice included a use tax assessment of $50,309.33, plus interest, for advertising supplements paid for by taxpayer and distributed in the District of Columbia. Taxpayer paid the tax[*753] on September 14, 1977, but filed a petition for refund in the Tax Division of Superior Court on March 14, 1978.

The only issue in this case is whether taxpayer’s petition was timely filed. The District of Columbia concedes that, under Sears, Roebuck and Co. v. District of Columbia, Tax Div. Docket No. 2463 (D.C.Super.Ct. May 13, 1981), the use tax paid by taxpayer with respect to advertising supplements was assessed in error; thus, if taxpayer’s petition was timely filed, taxpayer is entitled to a refund. The District maintains, however, that pursuant to D.C.Code § 47-2403 (1973), an appeal from an assessment must be taken within six months of the assessment, and thus taxpayer’s petition — filed nearly seven months after the assessment — was untimely. Taxpayer argues, to the contrary, that the plain wording of § 47-2403 permits appeals “within six months after payment of the tax,” and that its petition, filed exactly six months after payment, complied with this statutory requirement.

We agree with the earlier memorandum opinion and judgment of the division in this case that, if Donahue, supra, is good law, it controls this case and the District of Columbia must prevail. Although the factual scenario in Donahue can be distinguished from the facts here, [3] the Donahue holding clearly purports to extend to cases such as the one now before the court:

We previously suggested, and now hold, “that the period for all appeals under § 47-2403 runs from the mailing of the assessment, the clause ‘after payment ... ’ to be read as ‘provided payment has been made.’ ”

368 A.2d at 1148 (emphasis in original) (quoting National Graduate University v. District of Columbia, 346 A.2d 740, 743 n. 7 (D.C.1975)). Moreover, the Donahue court expressly “rejected] [the] argument that the six-month period for filing an appeal does not commence until after payment of the tax.” Id.

II.

In reviewing this court’s interpretation of § 47-2403 in Donahue, “[w]e must first look at the language of the statute by itself to see if the language is plain and admits of no more than one meaning.” Davis v. United States, 397 A.2d 951, 956 (D.C.1979). “The primary and general rule of statutory construction is that the intent of the lawmaker is to be found in the language that he has used.” Varela v. Hi-Lo Powered Stirrups, Inc., 424 A.2d 61, 64 (D.C.1980) (en banc) (quoting United States v. Goldenberg, 168 U.S. 95, 102-03, 18 S.Ct. 3, 4, 42 L.Ed. 394 (1897)). Moreover, in examining the statutory language, it is axiomatic that “[t]he words of the statute should be construed according to their ordinary sense and with the meaning commonly attributed to them.” Davis, supra, 397 A.2d at 956; United States v. Thompson, 347 A.2d 581, 583 (D.C.1975).

The critical language of § 47-2403 provides: “Any person aggrieved by any assessment ... may within six months after payment of the tax together with penalties and interest assessed thereon, appeal from the assessment to the Superior Court.” These words, given their ordinary meaning, plainly indicate that the six-month period for filing an appeal does not begin to run until after the taxpayer has paid the assessment.

The Donahue decision did not, however, simply rely on the statutory language for its reading of § 47-2403. The court based[*754] its conclusion on a reading of the legislative history of the statute. 368 A.2d at 1148 (citing National Graduate University, supra, 346 A.2d 740). This resort to the legislative history was not, in and of itself, improper. Both the Supreme Court and this court have recognized that “words are inexact tools at best, and for that reason there is wisely no rule of law forbidding resort to explanatory legislative history no matter how ‘clear the words may appear on superficial examination.’ ” Harrison v. Northern Trust Co., 317 U.S. 476, 63 S.Ct. 361, 87 L.Ed. 407 (1943) (citations omitted); Davis, supra, 397 A.2d at 956; see Sanker v. United States, 374 A.2d 304, 307 (1977) (quoting Lynch v. Overholser, 369 U.S. 705, 710, 82 S.Ct. 1063, 1067, 8 L.Ed.2d 211 (1962) (“The decisions of this Court have repeatedly warned against the dangers of an approach to statutory construction which confines itself to the bare words of a statute, . .. for ‘literalness may strangle meaning.’ ”) (citations omitted)).

Nor should Donahue necessarily be overruled simply because its reading of § 47-2403 does not comport with the meaning most readily derived from the words of the statute. Although the “plain meaning” rule is certainly the first step in statutory interpretation, it is not always the last or the most illuminating step. This court has found it appropriate to look beyond the plain meaning of statutory language in several different situations.

First, even where the words of a statute have a “superficial clarity,” a review of the legislative history or an in-depth consideration of alternative constructions that could be ascribed to statutory language may reveal ambiguities that the court must resolve. Sanker, supra, 374 A.2d at 307 (quoting Barbee v. United States, 392 F.2d 532, 535 n. 4 (5th Cir.), cert. denied, 391 U.S. 935, 88 S.Ct. 1849, 20 L.Ed.2d 855 (1968) (“ ‘Whether or not the words of a statute are clear is itself not always clear’ ”)); accord Davis, supra, 397 A.2d at 956. Second, “ ‘the literal meaning of a statute will not be followed when it produces absurd results.’ ” Varela, supra, 424 A.2d at 65 (quoting District of Columbia National Bank v. District of Columbia, 121 U.S.App.D.C. 196, 198, 348 F.2d 808, 810 (1965) (citations omitted)); Berkley v. United States, 370 A.2d 1331, 1332 (D.C.1977) (per curiam) (“statutes are to be construed in a manner which assumes that Congress acted logically and rationally”). Third, whenever possible, the words of a statute are to be construed to avoid “obvious injustice.” Metzler v. Edwards, 53 A.2d 42, 44 (D.C.Mun.App.1947); see Center for National Policy Review on Race & Urban Issues v. Weinberger, 163 U.S.App.D.C. 368, 372, 502 F.2d 370, 374 (1974) (“[a] court may qualify the plain meaning of a statute” to avoid consequences that would be “plainly ... inequitable”).

Finally, a court may refuse to adhere strictly to the plain wording of a statute in order “to effectuate the legislative purpose,” Mulky v. United States, 451 A.2d 855, 857 (D.C.1982), as determined by a reading of the legislative history or by an examination of the statute as a whole. Floyd E. Davis Mortgage Corp. v. District of Columbia, 455 A.2d 910, 911 (D.C.1983) (per curiam) (“a statute is to be construed in the context of the entire legislative scheme”); Dyer v. D.C. Department of Housing and Community Development, 452 A.2d 968, 969-70 (D.C.1982) (“[t]he use of legislative history as an aid in interpretation is proper when the literal words of the statute would bring about a result completely at variance with the purpose of the Act”); District of Columbia v. Orleans, 132 U.S.App.D.C. 139, 141, 406 F.2d 957, 959 (1968) (“the ‘plain meaning’ doctrine has always been subservient to a truly discernible legislative purpose however discerned, by equitable construction or recourse to legislative history”). [4]

[*755] These exceptions to the plain meaning rule should not, however, be understood to swallow the rule completely. There are strong policy reasons for maintaining the certainty, fairness, and respect for the legal system that the plain meaning rule engenders in most instances. Unless the meaning of statutes can be readily ascertained by a reading of statutory language, the ability of citizens to comply with statutory standards is diminished and the administration of such standards may be unmanageable or even erratic. For these reasons, a court should look beyond the ordinary meaning of the words of a statute only where there are “persuasive reasons” for doing so. Tuten v. United States, 440 A.2d 1008, 1013 (D.C. 1982), aff’d - U.S.-, 103 S.Ct. 1412, 75 L.Ed.2d 359 (1983).

We find no such “persuasive reasons” to support the Donahue holding. The legislative history relied on by the court in Donahue, as well as by both parties in this case, is ambiguous and conflicting on the issue before the court. [5] Where legislative materials are “ ‘without probative value, or contradictory, or ambiguous,’ [they] should not be permitted to control the customary meaning of words.” NLRB v. Plasterers’ Local Union No. 79, Operative Plasterers’ & Cement Masons’ Int’l Ass’n, 404 U.S. 116, 129 n. 24, 92 S.Ct. 360, 369 n. 24, 30 L.Ed.2d 312 (1971) (quoting United States v. Dickerson, 310 U.S. 554, 562, 60 S.Ct. 1034, 1038, 84 L.Ed. 1356 (1940)).

Moreover, an in-depth consideration of the wording of § 47-2403, “within six months after payment of the tax,” does not reveal any hidden ambiguity. Nor does reading this language according to its ordinary meaning produce absurd or inequitable results, or undermine the purposes or policies that underlie the District of Columbia Tax Code. Indeed, it is not uncommon for a tax statute to use the date of payment to mark the commencement of the filing period for a refund claim. See D.C.Code § 47-2020 (Supp.1983) (sales tax refunds); see also 26 U.S.C. § 6511 (1954 & Supp. 1983) (period of limitation for filing claim with the Internal Revenue Service for refund of overpayment of federal income tax).

[*756] D.C.Code § 47-2403 (1973) governed the right to appeal from a wide range of tax assessments, including taxes applicable to individual taxpayers. Statutes of this type should generally be construed to protect a taxpayer’s reliance on statutory language and to preserve a taxpayer’s right to challenge an assessment. See, e.g., Public Service Co. of New Hampshire v. Assessors of Berwick, 158 Me. 285, 183 A.2d 205 (1962). A taxpayer should not be forced to achieve familiarity with the intricacies of case law or to retain legal counsel simply to determine the extent of the right to question the size of a tax payment. The court in Donahue read § 47-2403 in a manner which rendered the otherwise plain language of that section misleading. Accordingly, we overrule the holding of Donahue, except as applied to its specific facts (note 3 supra), reverse the trial court’s dismissal of taxpayer’s petition, and remand for further proceedings.

Reversed and remanded.

1

. D.C.Code § 47-2403 (1973) provides:

Any person aggrieved by any assessment by the District of any personal-property, inheritance, estate, business-privilege, gross-receipts, gross-earnings, insurance premiums, or motor-vehicle-fuel tax or taxes, or penalties thereon, may within six months after payment of the tax together with penalties and interest assessed thereon, appeal from the assessment to the Superior Court of the District of Columbia. The mailing to the taxpayer of a statement of taxes due shall be considered notice of assessment with respect to the taxes.

This section was recodified at D.C.Code § 47-3303 (1981), and later amended by D.C.Law 4-131, § 401 (effective date July 24, 1982), 29 D.C.Reg. 2418 (1982), see D.C.Code § 47-3303 (1983 Supp.). This amendment, which has no effect on the present case, clarified the filing requirements for appealing a tax assessment by providing that appeals must be filed “.within six months after the date of such assessment.” Id.

2

. Under this court’s internal operating procedures, a division of the court may not refuse to follow a controlling published opinion of a previous division. A decision may be overruled only by the full court sitting en banc. M.A.P. v. Ryan, 285 A.2d 310, 312 (D.C.1971).

3

. In Donahue, the taxpayer received a notice of assessment and made a partial payment of his assessment tax liability in October 1973. A second and final installment was not paid until September 13, 1974. It was not until February 1975 that taxpayer petitioned the Tax Division for a refund, claiming that because his appeal was filed within six months of his final payment, he fit within the statutory language of § 47-2403. Thus, ths court in Donahue could have dismissed the petition on the narrow ground that, where a taxpayer makes more than one payment on a single assessment, a petition for refund must be filed within six months of the first payment. It is only this narrow basis for the result reached in Donahue that survives today’s opinion and judgment.

4

. There has been, at least since 1930, a debate as to how willing courts should be to deviate from the plain meaning rule when engaging in statutory interpretation. Compare Landis, A Note on “Statutory Interpretation”, 43 Harv.L. Rev. 886, 888 (1930) (advocating that courts[*755] limit themselves to seeking legislative intent on specific matters and claiming that judicial resort to general legislative purposes or policies leads to “spurious interpretation”) with Radin, Statutory Interpretation, 43 Harv.L.Rev. 863, 871 (1930) (arguing that a search for actual legislative intent is unrealistic and recommending “purposive interpretation” of statutory language). When a court is confronted with a question of statutory interpretation, the “legislative intent” model, described by Landis, supra, prescribes an essentially historical inquiry to determine how the enacting legislature would have answered the specific question before the court. “Purposive interpretation,” on the other hand, recognizes that courts most often confront questions of statutory interpretation that never occurred to the enacting legislature. Under this model, a court will attempt to discern the general purpose or policy that motivated the legislature to pass a statute, and then construe the statute in the manner most consistent with that purpose. See generally, Note, Intent, Clear Statements, And the Common Law, 95 Harv.L.Rev. 892 (1982); Lehman, How to Interpret a Difficult Statute, 1979 Wise. L.Rev. 489.

Most commentators agree that, despite the fact that many courts use the terms “intent” and “purpose” interchangeably, purpose-based analysis has dominated judicial decision making for the past twenty-five years. G. Calabre-si, A Common Law for the Age of Statutes 30 (1982); see H. Hart & A. Sacks, The Legal Process 1410 (tent. ed. 1958) (unpublished manuscript); but see Note, Intent, Clear Statements, And the Common Law, supra (recognizing general predominance of “purposive interpretation,” but suggesting that recent Supreme Court cases reflect a return to stricter legislative intent analysis).

5

. The court in Donahue, and the District of Columbia here, rely on a single sentence from a House of Representatives Committee Report to support their reading of § 47-2403. See H.R. Rep. No. 907, 91st Cong., 2d Sess. 165 (1970). Taxpayer, on the other hand, points to the technical manner in which § 47-2403 was reworded by the District of Columbia Court Reform and Criminal Procedure Act of 1970 in support of its argument. While both pieces of legislative history provide some minimal support for their proponents’ respective positions, neither represents conclusive evidence of legislative intent or purpose.