Filed January 13, 2017
Courts interpret Section 80 as incorporating the distinction between discretionary and ministerial functions. See, e.g., KiSKA, 321 F.3d at 1158; see also Dant v. District of Columbia, 829 F.2d 69, 74 (D.C. Cir. 1987). Courts developed a two-part test to determine what WMATA activities are discretionary versus ministerial.
Filed March 14, 2008
KiSKA Constr. Corp., Us.A. v. Wash. Metro. Area Trans. Auth., 321 F.3d 1151, 1163 (D.C. Cir. 2003) (holding that if contract is "susceptible to more than one reasonable interpretation, the court must find that the contract is ambiguous as a matter of law.") (quotations omitted).