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SITTENFELD v. TOBRINER

No. 24188.

459 F.2d 1137 (1972)

Max SITTENFELD et al., t/a Judiciary Square Associates, Appellants, v. Walter N. TOBRINER, Commissioner of the District of Columbia, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided December 30, 1971.

Amended January 28, 1972.

Attorney(s) appearing for the Case

Mr. Julian H. Singman, Washington, D. C., with whom Mr. Stephen M. Nassau, Washington, D. C., was on the brief, for appellants. Mr. B. Michael Rauh, Washington, D. C., also entered an appearance for appellants.

Mr. Ted D. Kuemmerling, Asst. Corporation Counsel for the District of Columbia, with whom Messrs. C. Francis Murphy, Corporation Counsel, and Richard W. Barton, Asst. Corporation Counsel, were on the brief, for appellees.

Before WRIGHT and TAMM, Circuit Judges, and FRANK M. JOHNSON, Jr., Chief Judge, United States District Court for the Middle District of Alabama.

JOHNSON, District Judge:

Appellants own approximately one-tenth of a city block located in Square 532 in Washington, D.C. In 1958 this parcel, along with the remainder of the block, was part of a twenty-block area in northwest Washington which was zoned S-P. This classification allows the construction of certain types of office and apartment buildings and controlled parking areas. On October 10, 1966, appellants filed with the Zoning Commission of the District of...

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