OAKLAND CONDO v. BD. OF ZONING ADJUSTMENT

No. 10-AA-536.

22 A.3d 748 (2011)

The OAKLAND CONDOMINIUM, Petitioner, v. DISTRICT OF COLUMBIA BOARD OF ZONING ADJUSTMENT, Respondent, Advisory Neighborhood Commission 1C, Intervenor.

District of Columbia Court of Appeals.

Decided June 2, 2011.


Attorney(s) appearing for the Case

John Lawrence Hargrove , for petitioner.

Holly M. Johnson , Assistant Attorney General, with whom Peter J. Nickles , Attorney General for the District of Columbia, at the time the brief was filed, Todd S. Kim , Solicitor General, and Donna M. Murasky , Deputy Solicitor General, were on the brief, for respondent.

Stacey Moye , for intervenor.

Before FISHER, Associate Judge, REID, Associate Judge, Retired, and NEBEKER, Senior Judge.


NEBEKER, Senior Judge:

Petitioner, The Oakland Condominium, challenges the determination of the District of Columbia Board of Zoning Adjustment (hereafter "BZA" or "The Board") granting the use variance application of property owners of a rooming house located in petitioner's neighborhood to use additional rooms on that property for transient occupancy. Petitioner argues that the BZA, acting pursuant to 11 DCMR § 3103.2, erred in determining that the property...

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