GEORGE WASHINGTON UNIVERSITY v. BD. OF ADJ.

No. 02-AA-172.

831 A.2d 921 (2003)

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

District of Columbia Court of Appeals.

Decided September 11, 2003.


Attorney(s) appearing for the Case

Deborah B. Baum, with whom David J. Cynamon and Gerard M. Babendreier were on the brief, Washington, DC, for Petitioner.

Lutz Alexander Prager, with whom Arabella W. Teal, Interim Corporation Counsel, Charles L. Reischel,* Deputy Corporation Counsel at the time the brief was filed, and Donna M. Murasky, Senior Litigation Counsel, were on the brief, for Respondent.

Scott B. Schreiber, with whom Matthew D. Keiser and Emily M. Pasquinelli were on the brief, Washington, DC, for the George Washington University Student Association and the American Civil Liberties Union of the National Capital Area, amici curiae, in support of Petitioner.

Rebecca L. Taylor and Richard F. Johns submitted a brief for the Greater Washington Urban League, the District of Columbia Chamber of Commerce, and the Greater Washington Board of Trade, amici curiae, in support of Petitioner.

Martin Michaelson, Alexander E. Dreier, and Christopher T. Handman submitted a brief for the American Council on Education, the National Association of Independent Colleges and Universities, and the Consortium of Universities of the Washington Metropolitan Area, amici curiae, in support of Petitioner.

Vincent Mark J. Policy, Washington, DC, submitted a brief for the Apartment and Office Building Association of Metropolitan Washington, amicus curiae, in support of Petitioner.

Cornish F. Hitchcock, Washington, DC, submitted a brief for the Foggy Bottom Association, amicus curiae, in support of Respondent.

J. Michael Hannon and James F. Bromley, Washington DC, submitted a brief for Donald W. Kreuzer, D.M.D., amicus curiae, in support of Respondent.

Before SCHWELB and FARRELL, Associate Judges, and NEBEKER, Senior Judge.


SCHWELB, Associate Judge:

                              TABLE OF CONTENTS

                                                                          Page

INTRODUCTION ..................................................................926

  I. FACTUAL BACKGROUND........................................................928

 II. THE STANDARD...

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