AMERICAN U. PARK CITIZENS ASS'N v. BURKA

No. 12597.

400 A.2d 737 (1979)

AMERICAN UNIVERSITY PARK CITIZENS ASSOCIATION, et al., Appellants, v. David BURKA et al., Appellees.

District of Columbia Court of Appeals.

Decided March 20, 1979.


Attorney(s) appearing for the Case

Frank M. Northam, Washington, D. C., with whom William J. Butler, Jr., and Mitchell W. Dale, Washington, D. C., were on the brief, for appellants.

Norman M. Glasgow, Washington, D. C., with whom John F. McCabe, Jr., and J. E. Bindeman, Washington, D. C., were on the brief, for appellees David and Fred Burka.

Louis P. Robbins, Principal Deputy Corp. Counsel, with whom John C. Salyer III and Edward L. Curry, Asst. Corp. Counsels, Washington, D. C., were on the brief, for appellees Dist. of Columbia Surveyor, Dist. of Columbia Dept. of Economic Development, and Dist. of Columbia Zoning Commission.

Before NEWMAN, Chief Judge, and MACK and FERREN, Associate Judges.


FERREN, Associate Judge:

In late 1976, three citizen associations and four neighborhood residents (appellants) filed suit to enjoin the issuance of a building permit to David and Fred Burka, who intended to construct a 194,420 square foot building for retail stores and offices on Massachusetts Avenue between 48th and 49th Streets, N.W.1 Appellants argued that a structure of that size was premised on the unlawful closing of an alley in...

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