H. Allen v. The Zoning Commission of the District of Columbia

MacKINNON, Circuit Judge:

Appellees sue the Zoning Commission of the District of Columbia to compel restoration of single family detached residential zoning to a four lot area, covering 53% of one acre, fronting on Wisconsin Avenue across from the Mt. Alto tract. Six months after a hearing the five members of the Commission voted 3 to 2 to rezone the area to permit “all types of residential development * * * of * * * medium high density * *.” (Zoning Regulations § 3105.1.) It is alleged that this would permit 90-foot high rise apartments in an area otherwise occupied by single family detached…