FOURNIER v. ZONING COMMISSION

No. 18-AA-1146.

244 A.3d 686 (2021)

James FOURNIER, et al., Petitioners, v. DISTRICT OF COLUMBIA ZONING COMMISSION, Respondent, and Jair Lynch Development Partners, Intervenor.

District of Columbia Court of Appeals.

Decided February 4, 2021.


Attorney(s) appearing for the Case

Chris Otten, with whom Daniel Wolkoff, James Fournier, Linwood Norman, Jerome Peloquin, Melissa Peffers, and Cynthia Carson were on the brief, pro se.

Philip T. Evans , with whom Cynthia A. Gierhart , Washington, was on the brief, for intervenor.

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.

Before Easterly, McLeese, and Deahl, Associate Judges.


This case arises from a proposed planned unit development (PUD) at the McMillan Reservoir and Filtration Complex. The case involves Parcel 2, one of seven parcels on the site. In 2013, intervenor Jair Lynch Development Partners and affiliated entities ("the developers") sought approval to construct a residential/retail...

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