Part of the Washington Home property Credit: Darrow Montgomery

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A D.C. judge dismissed the lawsuit against The Washington Home yesterday, clearing the way for the sale of the nursing home to Sidwell Friends School.

The sale will be completed and the deed will transfer to Sidwell on Dec. 15. The nursing home announced its closure plans last year, but many residents have struggled to find somewhere else to go.

The residents who sued Washington Home argued that they should have had a chance to buy the property under the Tenant Opportunity to Purchase Act. Judge Robert Rigsby’s ruling says that TOPA can’t be applied to nursing homes, noting that D.C. has separate laws governing the closure of such facilities and that they conflict with TOPA.

The judge also dismissed the other counts in the case, which included accusations of fraud and intentional infliction of emotional distress.

Twenty-four residents remain at the nursing home, according to its CEO Tim Cox. That number is down from the 30 residents who still lived there as of mid-September.

One of the four plaintiffs in the case, Susan Mason, passed away last month.