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L'ENFANT PLAZA NORTH, INC. v. DISTRICT OF COLUMBIA R. L. AG.

Civ. A. No. 1533-68.

300 F.Supp. 426 (1969)

L'ENFANT PLAZA NORTH, INC., a corporation, et al., Plaintiffs, v. DISTRICT OF COLUMBIA REDEVELOPMENT LAND AGENCY, Neville Miller, Chairman, District of Columbia Redevelopment Land Agency, National Capital Planning Commission, Elizabeth H. Rowe, Chairman, National Capital Planning Commission, District of Columbia, and Walter E. Washington, Commissioner of the District of Columbia, Defendants. David Nassif Associates, Defendant Intervenor.

United States District Court District of Columbia.

June 5, 1969.

Attorney(s) appearing for the Case

Thomas A. Flannery, U. S. Atty., for the District of Columbia; Joseph M. Hannon and Lawrence N. Schinnick, Asst. U. S. Attys., Ralph Werner and Stephen Weissman, Washington, D. C., for defendants District of Columbia Redevelopment Land Agency, and others, for the motion.

Matthew J. Mullaney, Jr., Assistant Corp. Counsel for the District of Columbia, and Walter E. Washington, Commissioner for the District of Columbia, for the motion.

E. Tillman Stirling, Washington, D. C., for the intervening defendant David Nassif, for the motion.

Kenneth Wells Parkinson and Daggett H. Howard, Washington, D. C., for plaintiffs, opposed.

HOLTZOFF, District Judge.

The question presented for decision in this case is the construction of a restrictive clause contained in the urban renewal plan for the Southwest Urban Renewal Area in the City of Washington. Specifically, the question is what is the meaning of the phrase "accessory uses" in connection with office buildings.

This action is brought by property owners, whose property surrounds or adjoins the specific area to which the restriction applies...

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