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ECONOMIDES v. DISTRICT OF COLUMBIA BZA

No. 06-AA-1381.

954 A.2d 427 (2008)

Frank and Constandina ECONOMIDES, Petitioners, v. DISTRICT OF COLUMBIA BOARD OF ZONING ADJUSTMENT, Respondent, and Patrick J. Carome, and National Park Service United States Department of the Interior, Intervenors.

District of Columbia Court of Appeals.

Decided August 14, 2008.

Attorney(s) appearing for the Case

Paul J. Kiernan, with whom Norman M. Glasgow, Jr., Mary Carolyn Brown, and Richard L. Aguglia, Washington, DC, were on the brief for petitioners.

Stacy L. Anderson, Assistant Attorney General, with whom Linda Singer, Attorney General for the District of Columbia at the time the brief was filed, Todd S. Kim, Solicitor General Edward E. Schwab, Deputy Solicitor General at the time the brief was filed, was on the brief for respondent.

Jonathan G. Cedarbaum, with whom Adam S. Aderton, Washington, DC, was on the brief, for intervenor Patrick J. Carome.

Daniel F. Van Horn, Assistant United States Attorney, with whom Jeffrey A. Taylor, United States Attorney, and R. Craig Lawrence, Assistant United States Attorney, were on the brief for intervenor National Park Service.

Before REID and KRAMER, Associate Judges, and SCHWELB, Senior Judge.

KRAMER, Associate Judge:

The core issue before us in this petition for review is: What is a retaining wall? Petitioners Frank and Constandina Economides posit that what they built as an improvement to their residential property was nothing more than a retaining wall constructed pursuant to a permit issued by the District of Columbia Department of Consumer and Regulatory Affairs ("DCRA"). Respondent, the District of Columbia Board of Zoning Adjustment ("BZA"), along...

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