EMBASSY OF BENIN v. D.C. BD. OF ZON. ADJ.

No. 85-1142.

534 A.2d 310 (1987)

EMBASSY OF THE PEOPLE'S REPUBLIC OF BENIN, Petitioner, v. DISTRICT OF COLUMBIA BOARD OF ZONING ADJUSTMENT, Respondent, and Woodley Park Community Association, Intervenor.

District of Columbia Court of Appeals.

Decided November 30, 1987.


Attorney(s) appearing for the Case

Marc Palay, with whom Mark A. Clodfelter, Washington, D.C., was on the brief, for petitioner.

Lutz Alexander Prager, Asst. Deputy Corp. Counsel, with whom Frederick D. Cooke, Jr., Acting Corp. Counsel, and Charles L. Reischel, Deputy Corp. Counsel, Washington, D.C., were on the brief, for respondent.

Joanne W. Young, with whom H. Lalla Shishkevish, Washington, D.C., was on the brief, for intervenor Woodley Park Community Ass'n.

John P. Schnitker, U.S. Dept. of Justice, with whom Abraham D. Sofaer, U.S. Dept. of State Legal Advisor, Bruce Rashkow, Morton J. Holbrook, III, and Ronald S. Mlotek, U.S. Dept. of State, Richard K. Willard, Asst. Atty. Gen., Joseph E. diGenova, U.S. Atty., and Michael J. Singer, U.S. Dept. of Justice, Washington, D.C., were on the brief, for amicus curiae U.S.

Before NEWMAN, TERRY, and ROGERS, Associate Judges.


ROGERS, Associate Judge:

The Embassy of Benin (Benin) appeals from the denial by the Board of Zoning Adjustment (BZA) of the Embassy's application to construct a thirty-eight foot antenna tower at the site of its chancery for the purpose of operating a diplomatic radio station. Benin argues that although its application for a special exception, see 11 D.C.M.R. § 8207.2 (1982), was made under § 3108 of the zoning regulations, 11 D.C.M. R. § 3108...

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