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EMBASSY REAL ESTATE v. MAYOR'S AGENT

No. 06-AA-1083.

944 A.2d 1036 (2008)

EMBASSY REAL ESTATE HOLDINGS, LLC, Petitioner, v. DISTRICT OF COLUMBIA MAYOR'S AGENT FOR HISTORIC PRESERVATION, Respondent, and Committee of 100 on the Federal City, Intervenor.

District of Columbia Court of Appeals.

Decided March 20, 2008.

Attorney(s) appearing for the Case

Whayne. S. Quin, with whom Paul J. Kiernan, Mary Carolyn Brown, Washington, DC, and Kkyrus L. Truman, were on the brief, for petitioner.

Holly M. Johnson, Assistant Attorney General, with whom Linda Singer, Acting Attorney General at the time the brief was filed, Todd S. Kim, Solicitor General, and Edward E. Schwab, Deputy Solicitor General at the time the brief was filed, were on the brief, for respondent.

Andrea C. Ferster, Washington, DC, for intervenor.

M. Jesse Carlson and Richard W. Boone Jr., Washington, DC, were on the brief for amicus curiae, The D.C. Preservation League.

Before RUIZ and REID, Associate Judges, and KERN, Senior Judge.

RUIZ, Associate Judge:

This case arises out of a plan to convert, by partially demolishing and adding new construction to, the former Italian Embassy ("the property"), which is owned by petitioner, Embassy Real Estate Holdings, LLC, into condominium residences. After petitioner's construction team had applied for pre-construction and construction permits, the Historic Preservation Office ("HPO") applied to designate the property an historic landmark under the Historic...

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