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BERNSTEIN v. DIST. OF COL. BD. OF ZON. ADJ.

No. 10548.

376 A.2d 816 (1977)

Norman BERNSTEIN et al., Petitioners, v. DISTRICT OF COLUMBIA BOARD OF ZONING ADJUSTMENT, Respondent, Andrew J. Keck, Intervenor.

District of Columbia Court of Appeals.

Decided July 13, 1977.

Attorney(s) appearing for the Case

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

Dennis McDaniel, Asst. Corp. Counsel, Washington, D. C., with whom John R. Risher, Jr., Corp. Counsel, Louis P. Robbins, Principal Deputy Corp. Counsel, and Richard W. Barton, Deputy Corp. Counsel, Washington, D. C., were on the brief, for respondent.

Andrew J. Keck, pro se.

Before KERN, Associate Judge, REILLY, Chief Judge, Retired, and PAIR, Associate Judge, Retired.

PAIR, Associate Judge, Retired:

This court has been petitioned to overturn, as arbitrary and capricious, an Order of the Board of Zoning Adjustment denying a special exception and, as an alternative, a variance.

The special exception would have permitted in an R-5-C district,1 the extension2 of a nonconforming restaurant use and immediately thereafter the change3 of such...

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