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FRIENDS OF MCMILLAN PARK v. ZONING COM'N

Nos. 18-AA-698 and 18-AA-706.

211 A.3d 139 (2019)

FRIENDS OF MCMILLAN PARK and DC for Reasonable Development, Petitioners, v. DISTRICT OF COLUMBIA ZONING COMMISSION, Respondent, and Deputy Mayor for Planning and Economic Development and Vision McMillan Partners, LLC, Intervenors.

District of Columbia Court of Appeals.

Decided July 3, 2019.

Attorney(s) appearing for the Case

Andrea C. Ferster , Washington, for petitioner Friends of McMillan Park.

Aristotle Theresa , Washington, for petitioner DC for Reasonable Development.

Philip T. Evans , with whom Mary Carolyn Brown and Cynthia A. Gierhart , Washington, were on the brief, for intervenor Vision McMillan Partners, LLC.

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

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

Before Blackburne-Rigsby, Chief Judge, McLeese, Associate Judge, and RUIZ, Senior Judge.

Intervenor Vision McMillan Partners, LLC (VMP) seeks to develop a large parcel of land located on the McMillan Reservoir and Filtration Complex. In 2016, this court vacated an order by the Zoning Commission approving VMP's application for a planned unit development (PUD) on the site. Friends of McMillan Park v. District...

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