IN THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

Civil Division

Kalorama Citizens Association, et al. )

)
Plaintiffs, ) Civil Action No. 2017 CA 4182 B
) Judge Todd E. Edelman
v. )
) Next Court Date: Sept. 15, 2017
SunTrust Bank Company, et al. ) Initial Scheduling Conference
)
Defendants. )
)

DEFENDANTS AMENDED ANSWER AND AFFIRMATIVE DEFENSES

Defendants SunTrust Banks, Inc. (SunTrust), Potomac Investment Properties, Inc.

(Potomac), 1800 Columbia Potomac Investment Properties, LLC, 1800 Columbia Road, LLC,

SunTrust Bank Holding Company f/k/a Crestar Financial Corporation, and P.N. Hoffman &

Associates, Inc., by and through undersigned counsel, hereby answer the complaint. Any

allegation not expressly admitted herein is denied.

1. This paragraph asserts legal conclusions and other characterizations to which no

response is required; to the extent a response is required, Defendants admit there is a plaza at the

southwest corner of the intersection of 18th Street and Columbia Road that is the subject of this

lawsuit; deny remaining allegations.

2. Defendants are without sufficient information to admit or deny the allegations in

this paragraph.

3. Defendants are without sufficient information to admit or deny the allegations in

this paragraph.
 4. Defendants are without sufficient information to admit or deny the allegations in

this paragraph.

5. Defendants are without sufficient information to admit or deny the allegations in

this paragraph.

6. Defendants admit there are no fences or gates separating the Plaza, admit there are

no signs concerning the publics use on the Plaza, and admit the allegations describing the Plaza.

Deny remaining allegations.

7. Defendants admit the Plaza has hosted the farmers market for many years.

Defendants are without sufficient information to admit or deny the remaining allegations in this

paragraph.

8. Defendants deny SunTrusts acquisition of Crestar Bank was in 2000; admit

remaining allegations.

9. Deny.

10. Admit the allegations in the first sentence; deny the allegations in the second

sentence.

11. Deny Potomac holds an actual or contingent ownership interest in the Plaza;

admit remaining allegations.

12. Deny P.N. Hoffman holds an actual or contingent ownership interest in the Plaza;

admit remaining allegations.

13. Deny 1800 Columbia Potomac Investment Properties holds an actual or

contingent ownership interest in the Plaza; admit remaining allegations.

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 14. Deny 1800 Columbia Road, LLC holds an actual or contingent ownership interest

in the Plaza and that its charter is now revoked; admit remaining allegations.

15. This paragraph asserts legal conclusions and other characterizations to which no

response is required; to the extent a response is required, deny.

16. Defendants are without sufficient information to admit or deny the allegations in

this paragraph.

17. Admit.

18. Defendants are without sufficient information to admit or deny the allegations in

this paragraph.

19. Admit the owners of the parcel had a plan to sell to Perpetual; Defendants are

without sufficient information to admit or deny the remaining allegations in this paragraph.

20. Defendants are without sufficient information to admit or deny the allegations in

this paragraph.

21. Defendants are without sufficient information to admit or deny the allegations in

this paragraph.

22. Defendants are without sufficient information to admit or deny the allegations in

this paragraph.

23. Admit the block quote selectively quotes the letter from Thomas J. Owen,

president of Perpetual; deny remaining allegations.

24. Defendants are without sufficient information to admit or deny the allegations in

this paragraph.

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 25. Defendants are without sufficient information to admit or deny the allegations in

this paragraph.

26. Defendants are without sufficient information to admit or deny the allegations in

this paragraph.

27. Admit.

28. Admit there are no fences or gates separating the Plaza and no signs concerning

the Publics use of the space; deny remaining allegations.

29. Deny.

30. Admit the Developer Defendants plan to replace the Branch as currently

constituted with a mixed-use development comprised of retail shops and residential

condominiums; deny remaining allegations.

31. Admit the Plaza would be smaller under the Developer Defendants plan; deny

remaining allegations.

32. Defendants are without sufficient information to admit or deny the allegations in

this paragraph.

33. Admit Developer Defendants have been attempting to get regulatory approval for

their plan to develop the Branch; deny remaining allegations.

34. Deny.

35. Deny.

36. Deny.

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 Count I

37. Deny.

38. Deny.

39. Deny.

40. Deny.

41. Deny.

42. Deny

43. Deny.

44. Deny.

45. Deny.

46. Deny.

Affirmative Defenses

Defendants assert the following affirmative defenses:

47. Plaintiffs fail to state a claim upon which relief can be granted.

48. Plaintiffs claim fails as Plaintiffs have failed to allege facts sufficient to show

either offer or acceptance of an easement by dedication.

49. Plaintiffs claim is barred by the statute of frauds.

50. Plaintiffs claim is barred by estoppel.

51. Plaintiffs claim is barred by the doctrine of waiver.

52. Plaintiffs claim fails as a result of misjoinder of defendants.

53. Plaintiffs lack standing to assert their claim.

54. Plaintiffs have failed to show entitlement to any relief whatsoever.

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 55. Upon information and belief, SunTrusts predecessor in interest, Crestar Bank,

was a bona fide purchaser for value when it bought the property in 1992. Under the law of the

District of Columbia and the State of Maryland, Crestars status as a bona fide purchaser for

value extinguished any alleged easement or encumbrance on the property, such as the one

claimed by Plaintiffs, which had not been properly recorded.

56. Defendants reserve the right to assert other affirmative defenses as the case

progresses and they learn more facts and more about Plaintiffs claim.

Date: July 31, 2017 Respectfully Submitted,

AEGIS LAW GROUP LLP

By: /s/ Michael K. Ross

Michael K. Ross (Bar No. 458573)
Jonathan Jacobs (Bar No. 983151)
801 Pennsylvania Ave., N.W., Suite 740
Washington, D.C. 20004
Tel: 202-737-3500
mross@aegislawgroup.com
jjacobs@aegislawgroup.com

Attorneys for Defendants

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 CERTIFICATE OF SERVICE

I hereby certify that I am over eighteen years of age and that on this 1st day of August,

2017, I caused a copy of the foregoing to be served on the following by CaseFileXpress:

Paul Zukerberg
Zukerberg & Halperin PLLC
1790 Lanier Place, N.W.
Washington, D.C. 20009
202-232-6400
paul@zukerberg.com
Attorney for Plaintiffs

/s/ Michael K. Ross

Michael K. Ross