UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA KALORAMA CITIZENS ASSOCIATION, and Civil Action No. 18-528 (BAH) ADAMS MORGAN FOR REASONABLE DEVELOPMENT, Chief Judge Beryl A. Howell Plaintiffs, v. SUNTRUST BANK COMPANY, Defendant. MEMORANDUM OPINION Plaintiffs Kalorama Citizens Association (“KCA”), an incorporated nonprofit membership association, and Adams Morgan for Reasonable Development (“AMRD”), an unincorporated nonprofit association, move for summary judgment to enforce an alleged common law easement by public dedication that they claim gives the public the right to use, in perpetuity, a 4,000 square foot plaza located at 1800 Columbia Road N.W., in the Adams Morgan neighborhood of Washington, D.C. Pls.’ Mot. Summ. J. (“Pls.’ Mot.”) at 2, ECF No. 24. Defendant Truist Bank, successor by merger to named defendant SunTrust Bank Company (“SunTrust”), has cross-moved for summary judgment, contending that plaintiffs lack standing to assert enforcement of the alleged easement and, in any event, fail to establish an easement by public dedication. Def.’s Renewed Mot. Summ. J. (“Def.’s Mot.”) at 2–3, ECF No. 25. This dispute was extensively litigated for almost one year in the Superior Court of the District of Columbia and removed, in March 2018, to this Court, with the pending cross-motions for summary judgment unresolved and subsequently re-filed here. For the reasons explained below, 1 this Court lacks subject matter jurisdiction over plaintiffs’ claim and therefore this case must be remanded to the Superior Court of the District of Columbia. I. BACKGROUND A. Factual Background The two plaintiff nonprofit membership associations, KCA and AMRD, share similar missions. KCA’s mission is to “promote particularly the interests of the residents of the District of Columbia,” particularly of the Adams Morgan neighborhood, and to “preserve the historic, architectural and aesthetic character” of that area. Pls.’ Mot., Ex. 16, Kalorama Citizens Association Constitution at 1 art. II, ECF No. 24-2; id., Ex. 17, Dep. of Denis James at 13:12–17, ECF No. 24-2. AMRD “seeks to protect and preserve the personal and property interests of DC residents, families, and those living, working, and playing in the historic and unique Adams Morgan neighborhood.” Pls.’ Opp’n to Def. SunTrust’s Mot. Summ. J. (“Pls.’ Opp’n”), Ex. 33, Governing Principles of AMRD at 1, ECF No. 27-2. Defendant Truist Bank, a Georgia corporation, is the successor by merger to defendant SunTrust Bank Company (“SunTrust”).1 It owns a bank branch property at 1800 Columbia Road, N.W. in the Adams Morgan neighborhood of Washington, D.C. (the “branch property”), which is part of the Washington Heights Historic District, Pls.’ Mot., Ex. 19, Map of the Washington Heights Historic District, ECF No. 24-2. A 4,000 square foot plaza at that location (the “Plaza”) has for many years functioned as a community space for the neighborhood. Pls.’ Mem. Supp. Mot. Summ. J. (“Pls.’ Mem.”) at 2, ECF No. 24; Defs.’ Am. Answer (“Am. 1 Plaintiffs’ Complaint identifies as the first-named defendant SunTrust Bank Company d/b/a SunTrust Bank a/k/a SunTrust Banks, Inc. See Complaint (“Compl.”), Kalorama Citizens Ass’n v. SunTrust Bank Co., No. 2017- CA-4182 (D.C. Sup. Ct. June ...
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