Legal Opinion

Bernstein v. District of Columbia Board of Zoning Adjustment

District of Columbia Court of Appeals

Decided July 13, 1977No. 10548PublishedCited by 8 opinions

1Opinion of the Court

PAIR, Associate Judge, Retired:

This court has been petitioned to overturn, as arbitrary and capricious, an Order of the Board of Zoning Adjustment denying a special exception and, as an alternative, a variance.

The special exception would have permitted in an R-5-C district,1 the extension2 of a nonconforming restaurant use and immediately thereafter the change3 of such use to an office use. The variance4 would have accomplished substantially the same purpose by permitting in the R-5-C district an office use.

Petitioners Norman Bernstein, et al., are the owners of the Chastleton, an apartment…

2Cases cited12 opinions

  1. Palmer v. Board of Zoning AdjustmentDistrict of Columbia Court of Appeals · 1972
  2. Dietrich v. District of Columbia Board of Zoning AdjustmentDistrict of Columbia Court of Appeals · 1974
  3. Taylor v. District of Columbia Board of Zoning AdjustmentDistrict of Columbia Court of Appeals · 1973
  4. Clerics of Saint Viator, Inc. v. District of Columbia Board of Zoning AdjustmentDistrict of Columbia Court of Appeals · 1974
  5. Salsbery v. District of Columbia Board of Zoning AdjustmentDistrict of Columbia Court of Appeals · 1974

7 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Foxhall Community Citizens Ass'n v. District of Columbia Board of Zoning AdjustmentDistrict of Columbia Court of Appeals · 1987
  2. Keefe Co. v. District of Columbia Board of Zoning AdjustmentDistrict of Columbia Court of Appeals · 1979
  3. Dupont Circle Citizens Ass'n v. District of Columbia Board of Zoning AdjustmentDistrict of Columbia Court of Appeals · 1979
  4. Silverstone v. District of Columbia Board of Zoning AdjustmentDistrict of Columbia Court of Appeals · 1979
  5. Lange v. District of Columbia Board of Zoning AdjustmentDistrict of Columbia Court of Appeals · 1979

3 more not listed; retrieve them via the Exa API.

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