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ROTH v. BOARD OF ZONING ADJUSTMENT

No. 20-AA-445.

279 A.3d 840 (2022)

Melinda ROTH, et al., Petitioners, v. DISTRICT OF COLUMBIA BOARD OF ZONING ADJUSTMENT, Respondent, and 3428 O Street LLC and Call Your Mother Deli, Intervenors.

District of Columbia Court of Appeals.

Decided August 11, 2022.

Attorney(s) appearing for the Case

Melinda Roth and Kimberly Panozzo, pro se petitioners, with whom Emma Almond et al., pro se petitioners, were on the brief.

Karl A. Racine , Attorney General for the District of Columbia, Loren L. AliKhan , Solicitor General at the time the statement was filed, Caroline S. Van Zile , Principal Deputy Solicitor General, and Carl J. Schifferle , Deputy Solicitor General, filed a statement in lieu of brief.

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

Before Blackburne-Rigsby, Chief Judge, McLeese and Deahl, Associate Judges.

Intervenor 3428 O Street, LLC, owns a property in Georgetown. Intervenor Call Your Mother Deli (CYM) signed a ten-year lease on the property, intending to operate there as a bagel store. The owner applied to the District of Columbia Board of Zoning Adjustment (BZA) for a variance from the otherwise applicable zoning regulations...

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