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NEIGHBORS AGAINST FOXHALL GRIDLOCK v. BZA

No. 01-AA-53.

792 A.2d 246 (2002)

NEIGHBORS AGAINST FOXHALL GRIDLOCK, et al., Petitioners, v. DISTRICT OF COLUMBIA BOARD OF ZONING ADJUSTMENT, Respondent, and The Field School, Intervenor.

District of Columbia Court of Appeals.

Decided February 28, 2002.

Attorney(s) appearing for the Case

Eric Von Salzen, with whom Marta I. Tanenhaus, Washington, DC, was on the brief, for petitioners.

Phil T. Feola, with whom Deborah B. Baum, Paul A. Tummonds, Jr., and Amy E. Goldfrank, Washington, DC, were on the brief, for intervenor.

Robert R. Rigsby, Corporation Counsel, Charles L. Reischel, Deputy Corporation Counsel, and William J. Earl, Assistant Corporation Counsel, filed a statement in lieu of brief for the District of Columbia Board of Zoning Adjustment.

Before FARRELL, RUIZ, and GLICKMAN, Associate Judges.

FARRELL, Associate Judge:

The District of Columbia Board of Zoning Adjustment (the Board or the BZA) granted an application for a special exception filed by the Field School and The Morris and Gwendolyn Cafritz Foundation, permitting establishment of a private school on property occupied by the Cafritz House, a residence on Foxhall Road, Northwest. In considering the application, the principal issue the Board had to contend with was the acknowledged risk that location...

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