SELDEN v. CAPITOL HILL SOUTHEAST CITIZENS ASSOCIATION

Nos. 12088, 12089, 12091.

219 F.2d 33 (1954)

Samuel M. SELDEN et al., Appellants, v. CAPITOL HILL SOUTHEAST CITIZENS ASSOCIATION et al., Appellees. Theodore I. COE et al., Appellants, v. CAPITOL HILL SOUTHEAST CITIZENS ASSOCIATION et al., Appellees. The WASHINGTON TERMINAL CO., Inc., The Real Estate and Improvement Company of Baltimore, Appellants, v. CAPITOL HILL SOUTHEAST CITIZENS ASSOCIATION et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 23, 1954.

Petition for Rehearing Denied January 17, 1955.


Attorney(s) appearing for the Case

Messrs. Roy St. Lewis and Carl L. Shipley, Washington, D. C., were on the brief, for appellants Selden et al.

Mr. John A. Earnest, Asst. Corporation Counsel for the District of Columbia, Washington, D. C., with whom Messrs. Vernon E. West, Corporation Counsel, Chester Gray, Principal Asst. Corporation Counsel, Milton D. Korman and Harry L. Walker, Asst. Corporation Counsel, Washington, D. C., were on the brief, for appellants Coe et al.

Mr. John L. Hamilton, Washington, D. C., and Mr. George E. Hamilton, Jr., Washington, D. C., for appellants Washington Terminal Co. et al.

Mr. Jay T. McCamic, Wheeling, W. Va., of the bar of the Supreme Court of West Virginia, pro hac vice by special leave of Court, for appellees. Messrs. Howe P. Cochran and William R. Leckemby, Jr., Washington, D. C., were on the brief for appellees.

Before EDGERTON, PRETTYMAN, and WASHINGTON, Circuit Judges.


EDGERTON, Circuit Judge.

These appeals are from a judgment setting aside an order of the Board of Zoning Adjustment of the District of Columbia. The Board's order authorized, for a two-year period, an automobile parking lot at New Jersey Ave. and D St. Southeast. The neighborhood is residential and the Board's order created an exception to zoning regulations.

The Zoning Law provides that "The regulations adopted by the Zoning Commission may provide that the...

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