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NORTHEAST NEIGHBORS v. APPLETREE INSTITUTE

No. 12-CV-374.

92 A.3d 1114 (2014)

NORTHEAST NEIGHBORS FOR RESPONSIBLE GROWTH, INC., et al., Appellants, v. APPLETREE INSTITUTE FOR EDUCATION INNOVATION, INC., et al., Appellees.

District of Columbia Court of Appeals.

Decided June 12, 2014.

Attorney(s) appearing for the Case

Ashley C. Haun , with whom Donald R. Dinan , Washington, DC, was on the brief, for appellants.

Jason J. Mendro , with whom Mark A. Perry and Gustav W. Eyler , Washington, DC, were on the brief, for appellees.

Irvin B. Nathan , Attorney General for the District of Columbia, Todd S. Kim , Solicitor General, Donna M. Murasky , Deputy Solicitor General, and Richard S. Love , Senior Assistant Attorney General, filed a statement in lieu of brief on behalf of the District of Columbia, standing on the order of the Superior Court and the brief of appellees.

Before BECKWITH and EASTERLY, Associate Judges, and RUIZ, Senior Judge.

RUIZ, Senior Judge:

This appeal presents us with an issue of first impression that requires us to interpret D.C.Code § 6-641.09(a) (2012 Repl.), a statute enacted by Congress in 1938, which provides that "specially damaged" neighboring property owners may seek an order from Superior Court to enjoin construction or use in violation of zoning regulations, in light of the District of Columbia Administrative Procedures Act (DCAPA), D.C.Code §§ 2-501 to...

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