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NATHANSON v. DISTRICT OF COLUMBIA BD. OF ZON. ADJUST.

No. 5761.

289 A.2d 881 (1972)

Sidney NATHANSON, Albert I. Nathanson, et al., Petitioners, v. DISTRICT OF COLUMBIA BOARD OF ZONING ADJUSTMENT, Respondent.

District of Columbia Court of Appeals.

Decided April 17, 1972.

Attorney(s) appearing for the Case

Whayne S. Quin, Washington, D. C., with whom Norman M. Glasgow, Washington, D. C., was on the brief, for petitioners.

Earl A. Gershenow, Asst. Corp. Counsel, with whom C. Francis Murphy, Corp. Counsel, and Richard W. Barton, Asst. Corp. Counsel, were on the brief, for respondent. David P. Sutton, Asst. Corp. Counsel, also entered an appearance for respondent.

Before GALLAGHER, NEBEKER and YEAGLEY, Associate Judges.

GALLAGHER, Associate Judge:

This is a petition for review of an order of the Board of Zoning Adjustment (the Board) denying rescission of a condition attached to a special exception granted petitioners in 1966. The condition required construction of a 42-inch masonry wall on petitioners' premises which would prevent access to an abutting public alley behind the property.

In 1958, the owners of a 135 foot lot (7421...

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