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PRES. & DIR. OF GEORGETOWN COL. v. DIAVATIS

No. 83-220.

470 A.2d 1248 (1983)

PRESIDENT AND DIRECTORS OF GEORGETOWN COLLEGE FOR GEORGETOWN UNIVERSITY, Appellants, v. Nicholas D. DIAVATIS, Appellee.

District of Columbia Court of Appeals.

Decided December 20, 1983.

Attorney(s) appearing for the Case

Louis P. Robbins, Washington, D.C., with whom David S. Houston and Norman M. Glasgow, Jr., Washington, D.C., were on the brief, for appellants.

Larry C. Williams, Washington, D.C., with whom Andrew J. Kline, Washington, D.C., was on the brief, for appellee.

Inez Smith Reid, Washington, D.C., Corporation Counsel, Charles L. Reischel, Deputy Corporation Counsel, and Richard B. Nettler, Washington, D.C., Asst. Corporation Counsel, filed a brief for the District of Columbia as amicus curiae, by invitation of the court.

Before KERN, NEBEKER and TERRY, Associate Judges.

TERRY, Associate Judge:

This is an appeal from an order denying appellants' motion for a preliminary injunction. Appellants contend that since they sought injunctive relief from an alleged zoning violation under D.C.Code § 5-426 (1981), they had to show only that they were "specially damaged" by appellee's conduct, and that the trial court therefore should not have employed the traditional equitable criteria applicable to injunctions1

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