MCDONALD v. D.C. BD. OF ZONING ADJUSTMENT

Nos. 20-AA-0264 & 20-AA-0265.

291 A.3d 1109 (2023)

Tom MCDONALD, et al., Petitioners, v. D.C. BOARD OF ZONING ADJUSTMENT, Respondent, and Wisconsin Avenue Baptist Church, et al., Intervenors.

District of Columbia Court of Appeals.

Decided April 6, 2023.


Attorney(s) appearing for the Case

Tom McDonald , Washington, DC, petitioner, adopting the brief of Tenleytown Neighbors Association, for himself and petitioner Kibre Genet Haile McDonald.

Andrea C. Ferster , Washington, DC, for petitioner Tenleytown Neighbors Association.

Karl A. Racine , Attorney General for the District of Columbia at the time, Loren L. AliKhan , Solicitor General at the time, Caroline S. Van Zile , Principal Deputy Solicitor General at the time, and Carl J. Schifferle , Deputy Solicitor General, filed a Statement in Lieu of Brief for respondent.

Deborah B. Baum , Washington, DC, with whom David J. Stute , Madison, WI, was on the brief, for intervenors.

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


The Tenleytown Neighbors Association and Tom and Kibre Genet Haile McDonald filed petitions for review of an order of the District of Columbia Board of Zoning Adjustment. The order granted the Wisconsin Avenue Baptist Church and Sunrise Senior Living, LLC, (1) a special exception under the residential zoning regulations...

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