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GEORGE WASHINGTON UNIV. v. DIST. OF COL. BD.

No. 80-779.

429 A.2d 1342 (1981)

GEORGE WASHINGTON UNIVERSITY, Petitioner, v. DISTRICT OF COLUMBIA BOARD OF ZONING ADJUSTMENT, Respondent, Sidney Margolis, Intervenor.

District of Columbia Court of Appeals.

Decided April 1, 1981.

Attorney(s) appearing for the Case

Iverson O. Mitchell, III, Washington, D.C., with whom Norman M. Glasgow, Washington, D.C., was on the brief, for petitioner.

David P. Sutton, Acting Deputy Corp. Counsel, and Leo N. Gorman, Asst. Corp. Counsel, Washington, D.C., for respondent, adopting the brief of intervenor Margolis.

Harley J. Daniels, Washington, D.C., with whom Steven M. Roth, Washington, D.C., was on the brief, for intervenor.

Jonathan Katz, David Boxer, Mark Holzberg, and Mark Engel, pro se, amici curiae.

Before NEWMAN, Chief Judge, FERREN, Associate Judge, and GALLAGHER, Associate Judge, Retired.

FERREN, Associate Judge:

This case presents two principal questions: (1) whether the Board of Zoning Adjustment (BZA or the Board) properly concluded that intervenor has not abandoned his right to nonconforming use of his property, and (2) whether the Board erred in failing to take specific account of the effect of the proposed change in nonconforming use from a clothing store to a restaurant on the campus plan of George

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