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BARRY v. BUSH

Nos. 90-1047, 90-1048.

581 A.2d 308 (1990)

Marion BARRY, Jr., et al., Appellants, v. Nate BUSH, et al., Appellees, Parents United for the District of Columbia Schools, Glenda Partee and Lorraine Wilson, Intervenors-Appellees.

District of Columbia Court of Appeals.

Decided September 25, 1990.

Attorney(s) appearing for the Case

James C. McKay, Jr., Asst. Corp. Counsel, with whom Herbert O. Reid, Sr., Corp. Counsel, and Charles L. Reischel, Deputy Corp. Counsel, Washington, D.C., were on the briefs, for appellants.

Cecelia E. Wirtz, with whom Richard Albright and Paula R. Perelman, Washington, D.C., were on the brief, for appellees.

Wayne H. Matelski, with whom Joanne Ochsman, Roderic V.O. Boggs, Mary M. Levy, and Avis Buchanan, Washington, D.C., were on the brief, for intervenors-appellees, Parents United for the District of Columbia Schools, Glenda Partee and Lorraine Wilson.

Before FERREN, STEADMAN, and SCHWELB, Associate Judges.

FERREN, Associate Judge:

This case presents the question whether the Mayor has the authority unilaterally to reduce the Board of Education's 1990 fiscal year appropriation. We hold that he does not.

I. The Facts and Proceedings

The facts of this case are not in dispute. The District of Columbia is running out of money before the end of its 1990 fiscal year. In an attempt to prevent an even more severe revenue shortfall, the Mayor took several actions...

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