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YOUNGBLOOD v. BOARD OF ZONING ADJUSTMENT

No. 19-AA-0294.

262 A.3d 228 (2021)

Gary YOUNGBLOOD, et al., Petitioners, v. DISTRICT OF COLUMBIA BOARD OF ZONING ADJUSTMENT, Respondent, and MIC9 Owner, LLC, Intervenor.

District of Columbia Court of Appeals.

Decided October 28, 2021.

Attorney(s) appearing for the Case

Heather M. Benno for Petitioners.

Karl A. Racine , Attorney General, Loren L. AliKhan , Solicitor General, and Carl J. Schifferle , Acting Deputy Solicitor General, filed a statement in lieu of a brief for the respondent District of Columbia Board of Zoning Adjustment.

Deborah B. Baum and David J. Stute , Washington, for Intervenor, MIC9 Owner, LLC, on behalf of Meridian International Center.

Before McLeese and Deahl, Associate Judges, and Nebeker, Senior Judge.

This case concerns what qualifies as a private school under 11-X D.C.M.R. § 104 (2021). That regulation provides that private schools are eligible for a special exception to zoning regulations that otherwise restrict certain areas to residential housing. Id. More specifically, the question presented in this appeal...

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