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SILVERSTONE v. DISTRICT OF COLUMBIA, ETC.

No. 8827.

372 A.2d 1286 (1977)

Howard Jay SILVERSTONE and Leila Ryland Swain, Petitioners, v. DISTRICT OF COLUMBIA BOARD OF ZONING ADJUSTMENT, Respondent, Maude Atherton et al., Intervenors.

District of Columbia Court of Appeals.

Decided April 25, 1977.

Attorney(s) appearing for the Case

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

Norman M. Glasgow, Whayne S. Quin, John F. McCabe, Jr., and Iverson O. Mitchell, III, Washington, D.C., were on the supplemental memorandum for substitute petitioners.

James N. Dulcan, Asst. Corp. Counsel, Washington, D.C., with whom D. Francis Murphy, Corp. Counsel, Washington, D.C., at the time the brief was filed, Louis P. Robbins, Principal Asst. Corp. Counsel, and Richard W. Barton, Asst. Corp. Counsel, Washington, D.C., were on the brief, for respondent.

John R. Risher, Jr., Corp. Counsel, Louis P. Robbins, Principal Asst. Corp. Counsel, Richard W. Barton and S. Perry Jones, Asst. Corp. Counsel, Washington, D.C., were on the supplemental memorandum for respondent.

William H. Greer, Jr., Washington, D.C., for intervenors.

Before NEBEKER and HARRIS, Associate Judges, and JOHNSON, Associate Judge, Superior Court of the District of Columbia.

NEBEKER, Associate Judge:

Petitioners seek review of an order of the District of Columbia Board of Zoning Adjustment (the Board) upholding an order of the Zoning Administrator which terminated a nonconforming use and denied an alternative request for a variance permitting a nonconforming use. On or about August 20, 1976, and subsequent to oral argument in this court, the original petitioner, Eleanor Ahrens, sold the subject property to Howard Silverstone and Leila...

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