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BEINS v. BOARD OF ZONING ADJUSTMENT

No. 88-1479.

572 A.2d 122 (1990)

Hugh J. BEINS, et al., Petitioners, v. DISTRICT OF COLUMBIA BOARD OF ZONING ADJUSTMENT, Respondent, Allan Fox, et al., Intervenors.

District of Columbia Court of Appeals.

Decided March 30, 1990.

Attorney(s) appearing for the Case

Hugh J. Beins, pro se.

Michael A. Cain, Washington, D.C., with whom Kathryn J. Hess, was on the brief, for intervenors.

Martin B. White, Asst. Corp. Counsel, with whom Frederick D. Cooke, Jr., Corp. Counsel at the time, and Charles L. Reischel, Deputy Corp. Counsel, Washington, D.C., were on the memorandum filed in lieu of brief, for respondent.

Before ROGERS, Chief Judge, and TERRY and FARRELL, Associate Judges.

FARRELL, Associate Judge:

In this case, we reverse an order of the Board of Zoning Adjustment (the Board) holding that petitioners' delay of thirty-two days in filing an appeal from a decision of the Zoning Administrator barred the appeal on the ground of laches. Although we do not conclude that a delay of this brief a duration may never justify a determination of laches, we hold that an exceptional showing of both prejudice and unreasonableness of the delay will...

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