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FRIENDS OF MCMILLAN PK v. AGT FOR HIS PRES

No. 18-AA-357.

207 A.3d 1155 (2019)

FRIENDS OF McMILLAN PARK, Petitioner, v. DISTRICT OF COLUMBIA MAYOR'S AGENT FOR HISTORIC PRESERVATION, DISTRICT OF COLUMBIA OFFICE OF PLANNING, Respondent, and Office of the Deputy Mayor for Planning and Economic Development, Intervenor, and Vision McMillan Partners, LLC, Intervenor.

District of Columbia Court of Appeals.

Decided May 16, 2019.

Attorney(s) appearing for the Case

Andrea C. Ferster , Washington, for petitioner.

Karl A. Racine , Attorney General for the District of Columbia, Loren L. AliKhan , Solicitor General, and Richard S. Love , Senior Assistant Attorney General, filed a statement in lieu of brief for respondent.

Caroline S. Van Zile , Deputy Solicitor General, with whom Natalie O. Ludaway , Chief Deputy Attorney General, and James C. McKay, Jr. , Senior Assistant Attorney General, were on the brief, for intervenor Office of the Deputy Mayor for Planning and Economic Development.

Mary Carolyn Brown , with whom Philip T. Evans , Washington and Michael W. Cabrera were on the brief, for intervenor Vision McMillan Partners.

Cornish Hitchcock , Washington, was on the brief for amici curiae, Committee of 100 on the Federal City and D.C. Preservation League, in support of petitioner.

Before Blackburne-Rigsby, Chief Judge, and Glickman and Fisher, Associate Judges.

This case involves the proposed development of a portion of the McMillan Reservoir and Filtration Complex located at 2501 First Street, N.W., in Ward 5 of the District of Columbia. We have seen the case once before, in Friends of McMillan Park v. District of Columbia Zoning...

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