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CAPITOL HILL RESTORATION v. MAYOR'S AGENT

No. 09-AA-1262.

44 A.3d 271 (2012)

CAPITOL HILL RESTORATION SOCIETY, Petitioner, v. DISTRICT OF COLUMBIA MAYOR'S AGENT FOR HISTORIC PRESERVATION, Respondent, and The Heritage Foundation, Intervenor.

District of Columbia Court of Appeals.

Decided May 24, 2012.

Attorney(s) appearing for the Case

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

Stacy L. Anderson , Assistant Attorney General, with whom Peter J. Nickles , Attorney General for the District of Columbia at the time the brief was filed, and Todd S. Kim , Solicitor General, were on the brief, for respondent.

Deborah B. Baum , with whom Ellen Connelly Cohen and Allison Prince , Washington, DC, were on the brief, for intervenor.

M. Jesse Carlson , D.C. Preservation League, and George R. Clark , Committee of 100 on the Federal City, Washington, DC, were on the brief, for amici curiae.

Before BLACKBURNE-RIGSBY, Associate Judge, RUIZ, Associate Judge, Retired, and FARRELL, Senior Judge.

RUIZ, Associate Judge, Retired:

The Capitol Hill Restoration Society, petitioner, challenges the grant of a permit to The Heritage Foundation, intervenor, to add an additional floor to a building on the 200 block of Pennsylvania Avenue, S.E. The District of Columbia Mayor's Agent for Historic Preservation (the "Mayor's Agent") approved the permit in an order issued on September 4, 2009 (the "Order"). Petitioner filed a petition for review on October 15, 2009. On October...

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