Subchapter II. Actions Against Officers or Corporations of the District of Columbia.


  • Current through October 23, 2012
  • A quo warranto may be issued from the Superior Court of the District of Columbia in the name of the District of Columbia against --

    (1) a person who within the District of Columbia usurps, intrudes into, or unlawfully holds or exercises, a franchise conferred by the District of Columbia, a public office of the District of Columbia, civil or military, or an office in a domestic corporation; or

    (2) one or more persons who act as a corporation within the District of Columbia without being duly authorized, or exercise within the District of Columbia corporate rights, privileges, or franchises not granted them by law in force in the District of Columbia.

    The proceedings shall be deemed a civil action.

    (July 29, 1970, 84 Stat. 562, Pub. L. 91-358, title I, § 145(n).)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 16-3521.

    1973 Ed., § 16-3521.

  • Current through October 23, 2012 Back to Top
  • The United States attorney or the Corporation Counsel may institute a proceeding pursuant to this subchapter on his own motion, or on the relation of a third person. The writ may not be issued on the relation of a third person except by leave of the court, to be applied for by the relator, by a petition duly verified, setting forth the grounds of the application, or until the relator files a bond with sufficient surety, to be approved by the clerk of the court, in such penalty as the court prescribes, conditioned on the payment by him of all costs incurred in the prosecution of the writ if costs are not recovered from and paid by the defendant.

    (July 29, 1970, 84 Stat. 562, Pub. L. 91-358, title I, § 145(n).)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 16-3522.

    1973 Ed., § 16-3522.

  • Current through October 23, 2012 Back to Top
  • If the United States attorney or Corporation Counsel refuses to institute a quo warranto proceeding on the request of a person interested, the interested person may apply to the court by certified petition for leave to have the writ issued. When, in the opinion of the court, the reasons set forth in the petition are sufficient in law, the writ shall be allowed to be issued by any attorney, in the name of the District of Columbia, on the relation of the interested person, on his compliance with the conditions prescribed by section 16-3522 as to security for costs.

    (July 29, 1970, 84 Stat. 563, Pub. L. 91-358, title I, § 145(n).)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 16-3523.

    1973 Ed., § 16-3523.