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ALLEN v. ZONING COMMISSION OF DISTRICT OF COLUMBIA

No. 24351.

449 F.2d 1100 (1971)

H. ALLEN et al. v. The ZONING COMMISSION OF the DISTRICT OF COLUMBIA, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided July 9, 1971.

Petition for Rehearing Denied November 23, 1971.

Attorney(s) appearing for the Case

Mr. Leo N. Gorman, Asst. Corporation Counsel for the District of Columbia, with whom Mr. Hubert B. Pair, Acting Corporation Counsel at the time the brief was filed, and Mr. Richard W. Barton, Asst. Corporation Counsel, were on the brief, for appellants. Mr. C. Francis Murphy, Acting Corporation Counsel, also entered an appearance for appellants.

Mr. William H. Greer, Jr., Washington, D. C., for appellees.

Before MacKINNON and WILKEY, Circuit Judges, and GORDON, U. S. District Judge for the Eastern District of Wisconsin.

MacKINNON, Circuit Judge:

Appellees sue the Zoning Commission of the District of Columbia to compel restoration of single family detached residential zoning to a four lot area, covering 53% of one acre, fronting on Wisconsin Avenue across from the Mt. Alto tract. Six months after a hearing the five members of the Commission voted 3 to 2 to rezone the area to permit "all types of residential development * * * of * * * medium high density * *." (Zoning Regulations ...

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