Ayers v. Landow, 666 A.2d 51 (1995)

Citation: Ayers v. Landow, 666 A.2d 51 (1995)
Parent Document: Ayers v. Landow, 666 A.2d 51 (1995)
Jurisdiction: DC (municipal)
Effective Date: 1995-10-02
Original Source: https://www.courtlistener.com/opinion/2381535/ayers-v-landow/ ↗

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At the outset, we look at the language of the statute; specifically, whether the meaning of "within 3 calendar days" as used in § 45-1406 is plain or ambiguous. The trial court ruled that there was no ambiguity in the wording of the statute, and that the mailing of a copy of the notice must occur within three days after posting of the notice on the premises. However, as evidenced by the court's interpretation in Gantt, supra, and the cases from other jurisdictions cited by the landlord, it is equally plausible that the statute be read to mean that a mailing must occur at any time, but not later than three days after posting. See, e.g., Jensen v. Nelson, 19 N.W.2d 596, 598-99 (Iowa 1945) (ruling that where testator had willed a portion of his estate to the county to build a courthouse if the building was completed within ten years after the testator's death, the estate must furnish the money where the building was completed between the writing of the will and death of the testator); Tanzilli v. Casassa, 324 Mass. 113, 85 N.E.2d 220, *59 221 (1949) (permitting appeal of a zoning board decision prior to the rendering of that decision, where statute said the appeal must be made within fifteen days after the decision of the board); Reifke v. State, 31 A.D.2d 67, 296 N.Y.S.2d 667, 669-70 (1968) (holding that a property owner can make a claim against the state prior to the completion of the state action where statute says claim must be made within six months after completion of the action by the state); Adams v. Ingalls Packing Co., 30 Wash.2d 282, 191 P.2d 699, 701 (1948) (holding that a statement of conditional sale of goods can be filed with the state auditor before the delivery of goods where statute says the statement must be filed within ten days of delivery of goods).

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