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FLEISCHMAN v. BD. OF ZONING ADJUSTMENT

No. 09-AA-1514.

27 A.3d 554 (2011)

Julius FLEISCHMAN, Petitioner, George C. Papageorge, Intervenor, v. DISTRICT OF COLUMBIA BOARD OF ZONING ADJUSTMENT, Respondent, Hillcrest Homes Associates LP, Intervenor.

District of Columbia Court of Appeals.

Decided August 25, 2011.

Attorney(s) appearing for the Case

Mark P. Sullivan , New York, NY, for petitioner.

Kenneth H. Rosenau for intervenor-petitioner.

Peter J. Nickles , Attorney General for the District of Columbia, at the time the statement in lieu of brief was filed, and Todd S. Kim , Solicitor General, Donna M. Murasky , Deputy Solicitor General, and James C. McKay, Jr. , Senior Assistant Attorney General, were on the statement in lieu of brief, for respondent.

Mary Carolyn Brown , with whom Whayne S. Quinn and Paul J. Kiernan , Washington, DC, were on the brief, for intervenor-respondent.

Before WASHINGTON, Chief Judge, THOMPSON, Associate Judge, and STEADMAN, Senior Judge.

STEADMAN, Senior Judge,

Petitioner, Julius Fleischman, challenges the order of the District of Columbia Board of Zoning Adjustment (hereafter "BZA" or "The Board") granting special exception and area variance relief for the purpose of building a residential development containing 54 one-family detached dwellings on a 12.59-acre property located in the Southeast quadrant of the District. Petitioner argues that the BZA exceeded its authority and erred in determining...

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