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ROSE LEES HARDY HOME & S. ASS'N v. D. C. BD. OF ZON. ADJ.

Nos. 7807, 7817.

324 A.2d 701 (1974)

ROSE LEES HARDY HOME AND SCHOOL ASSOCIATION and Francis Scott Key School Parent and Teachers Association, Petitioners, v. DISTRICT OF COLUMBIA BOARD OF ZONING ADJUSTMENT, Respondent, St. Patrick's Episcopal Day School and the Florence Crittenton Home of Washington, D. C., Intervenors. Edward S. COHEN and Felice D. Cohen, Petitioners, v. DISTRICT OF COLUMBIA BOARD OF ZONING ADJUSTMENT, Respondent, St. Patrick's Episcopal Day School and the Florence Crittenton Home of Washington, D. C., Intervenors.

District of Columbia Court of Appeals.

Decided August 20, 1974.

Attorney(s) appearing for the Case

John W. Vardaman, Jr., Washington, D. C., for petitioners in No. 7807.

B. Michael Rauh, Washington, D. C., with whom Martin Shulman, Washington, D. C., was on the reply brief, for petitioners, in No. 7817.

Earl A. Gershenow, Asst. Corp. Counsel, Washington, D. C., with whom C. Francis Murphy, Corp. Counsel, and Louis P. Robbins and Richard W. Barton, Asst. Corp. Counsels, Washington, D. C., were on the brief, for respondent.

Whayne S. Quin, Washington, D. C., with whom Norman M. Glasgow and John F. McCabe, Jr., Washington, D. C., were on the brief, for intervenors.

Before FICKLING, NEBEKER and HARRIS, Associate Judges.

NEBEKER, Associate Judge:

These petitions, one brought by parent and teachers associations of two public elementary schools and the other by adjacent property owners, seek review of an order of the District of Columbia Board of Zoning Adjustment (BZA) which conditionally granted a special exception to allow construction of a private school in a residential (zoned R-1-B) area. Petitioners challenge the BZA's action claiming, inter alia, procedural error by the...

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