DON'T TEAR IT DOWN v. PENNSYLVANIA AVE. DEV. CORP.

No. 79-2330.

642 F.2d 527 (1980)

DON'T TEAR IT DOWN, INC., Appellant, v. PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 20, 1980.

Filed October 2, 1980.


Attorney(s) appearing for the Case

Phyllis J. Cohen, Washington, D.C., of the bar of the District of Columbia, by special leave of Court pro hac vice, with whom David Bonderman and S. Mark Tuller, Washington, D.C., were on brief, for appellant.

Larry A. Boggs, Atty., Dept. of Justice, Washington, D.C., with whom James W. Moorman, Asst. Atty. Gen., Dept. of Justice, Charles F. C. Ruff, U.S. Atty., John Oliver Birch, Asst. U.S. Atty., Peter R. Steenland, Jr., Atty., Dept. of Justice and John M. Fowler, Gen. Counsel, Advisory Council on Historic Preservation, were on brief, John A. Terry, Asst. U.S. Atty., Judith W. Rogers, Corp. Counsel, and Richard W. Barton, Deputy Corp. Counsel, and Richard B. Nettler, Asst. Corp. Counsel, District of Columbia, Washington, D.C., for appellees.

Joseph M. Fries, Rodney F. Page and Howard V. Sinclair, Washington, D.C., were on brief for Square 254 Ltd. Partnership, amicus curiae, urging affirmance.

Before ROBINSON, MacKINNON and MIKVA, Circuit Judges.


Opinion for the Court filed by Circuit Judge ROBINSON.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

The principal question for decision is whether a federal instrumentality can be required to comply with the District of Columbia's Historic Landmark and Historic District Protection Act1 before obtaining a demolition permit as a step in implementing the federal program established by the Pennsylvania Avenue Development Corporation...

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