Urciolo v. District of Columbia
Urciolo v. District of Columbia
Opinion of the Court
On August 1, 1947, appellant was the highest bidder at a foreclosure sale of real estate under a deed of trust. On October 1, 1947, settlement of the sale was made and the trustees delivered to appellant a deed to the property.
An' order of 'the Commissioners of the District of Columbia, of August 1, 1945, provides: “Every person, firm, or' corporation purchasing .or renting any real estate or premises where there is a water meter shall give notice .in writing to the Water Registrar of - the .District. of Columbia in advance of such purchase'or rental,-or not more than five (5) days subsequent thereto, in every case where a statement of the account to date may be desired. Said notice shall contain the names and' addresses of the persons, firms, or corporations who
In Farrell v. Ward, D.C.Mun.App., 53 A.2d 46, 49, construing a previous but similar order of the Commissioners, we said it meant “that one purchasing property without notifying the Water Registrar may be compelled to pay the full current water rate for the property, because without notice to the Registrar and an opportunity to read the meter it is impossible for the Registrar to allocate the use of water for the current year between the present owner and the prior occupant. So construed this regulation is reasonable and imposes no undue hardship on the purchaser of the property.”
Both parties rely on our decision in the Farrell case. Appellant says he gave notice within five days after receiving a deed to the property and is thereby relieved from responsibility for the accrued bill for the period prior to his purchase. The District says that appellant in fact purchased the property on August 1, the date of the sale, and therefore did not comply with the Commissioners’ order. Thus the question is does one who buys at a foreclosure sale “purchase” the property, within the meaning of the Commissioners’ order, at the time of the foreclosure sale or at the time he receives a deed to the property.
The Commissioners evidently used purchasing in the sense of becoming owner because the order refers to “change of ownership,” and the Commissioners are authorized by statute to collect water rates from owners of buildings.
With respect to the bill for repairs to the water meter, the record indicates that the repairs were made after the foreclosure sale occurred. Therefore the defective meter was owned by appellant and under the regulations he was responsible for cost of the repairs. Appellant argues that he did not order the repairs or receive notice that the repairs would be made. We think the District under its regulations has authority to make repairs to meters and charge the owners therefor. Whether an owner is entitled to notice beforehand that repairs will be made, we do not decide. Appellant having delayed notifying the District of his ownership cannot complain that as owner he was entitled to notice. Furthermore, the record does not show that this point was raised at trial.
Affirmed.
. The bid at the sale was made in the name of James J. Koutsos, who assigned his rights as purchaser to Florence E: Urciolo. The trustees -conveyed to her and she immediately reconveyed to. appellant. It is conceded that appel-, lant was the real party in , interest throughout the transaction. . -
. Code 1940, § 43-1521. We are not here dealing with the duties of a tenant to comply with the Commissioners’ order or the statutory authority of the Commissioners to collect water rates from occupants of buildings.
. Annotations, 2 A.L.R. 778, 95 A.L.R. 1085.
. Mason v. Automobile Finance Co., 73 App.D.C. 284, 121 F.2d 32.
. State Bank of Hardinsburg v. Brown, 317 U.S. 135, 63 S.Ct. 128, 7 L.Ed. 140; Campbell v. Carter, 248 Ala. 294, 27 So.2d 490; Union Trust Co. v. Biggs, 153 Md. 50, 137 A. 509; Pennsylvania Co. v. Broad Street Hospital, 354 Pa. 123, 47 A.2d 281; In re Spokane Savings Bank, 198 Wash. 665, 89 P.2d 802.
. Holman v. Ryon, 61 App.D.C. 10, 56 F.2d 307; Spruill v. Ballard, 61 App.D.C. 112, 58 F.2d 517, certiorari denied, 293 U.S. 625, 55 S.Ct. 349, 79 L.Ed. 712.
. The brief for the District states, and it is not denied by appellant, that in proceedings in .the United States Dis
Reference
- Full Case Name
- URCIOLO v. DISTRICT OF COLUMBIA
- Cited By
- 1 case
- Status
- Published