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CHIAPELLA v. BD. OF ZONING ADJUSTMENT

No. 05-AA-656.

954 A.2d 996 (2008)

Anne Page CHIAPELLA, et al., Petitioners, v. DISTRICT OF COLUMBIA BOARD OF ZONING ADJUSTMENT, Respondent and Sunrise Connecticut Avenue Assisted Living, LLC, Intervenor.

District of Columbia Court of Appeals.

Decided August 14, 2008.

Attorney(s) appearing for the Case

Andrea C. Ferster, for petitioners, Anne Page Chiapella and Nebraska Avenue Neighborhood Association.

Deborah B. Baum, with whom Maureen E. Dwyer and David M. Avitabile were on the brief, for intervenor Sunrise Connecticut Avenue Assistant Living, LLC.

Edward E. Schwab, then Deputy Solicitor General for the District of Columbia, filed a statement on behalf of respondent D.C. Board of Zoning Adjustment that it would not file a brief "but stands on the decisions below and the defense intervenor makes."

Before RUIZ and KRAMER, Associate Judges, and WINFIELD, Senior Judge, Superior Court of the District of Columbia.

RUIZ, Associate Judge:

Dr. Anne Paige Chiapella and the Nebraska Avenue Neighborhood Association ("NANA") petition this court to review and reverse a final order of the District of Columbia Board of Zoning Adjustment ("BZA") dismissing Appeal No. 17127, which alleged zoning violations relating to permits issued on August 25 and November 7, 2003. We conclude that the BZA properly dismissed the appeal of the August permit, but that the BZA erred in dismissing certain...

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