"[E]ven if there is a positive repugnancy between the old and the new statutes such that they are irreconcilable, the older statute is repealed only to the extent of the irreconcilability."
How later courts described this case
- "[E]ven if there is a positive repugnancy between the old and the new statutes such that they are irreconcilable, the older statute is repealed only to the extent of the irreconcilability."
- “this court gives special deference to an agency in the agency’s interpretation of a statute that the agency is empowered to administer and enforce”
Written by the judges who cited it.
The opinion
FARRELL, Associate Judge,
concurring:
I join the court’s opinion because of the express language of D.C.Code § 4-902(c), “maintaining]” all rights provided by the CMPA “as amended by this chapter-” Even so this is an exceedingly close case, because the CCRB Act bears all the earmarks of a comprehensive statutory scheme designed to supplant, not merely “amend,” the CMPA as regards civilian-initiated charges of police misconduct. I am comfortable in the result because in the end the CMPA’s notice and response requirements— severely limited in their application here— should not impair operation of the CCRB Act. See ante at 1147 n. 25.