Opinion

Dwyer v. District of Columbia Board of Zoning Adjustment

  • 320 A.2d 306
  • 1974 D.C. App. LEXIS 219
Court
District of Columbia Court of Appeals
Filed
May 24, 1974
Status
Published
Author
Reilly
On the bench
Reilly, Kelly
Cited by
3 cases
Authority
More cited than 8.6%

whatever hardship the applicant suffered arose from his own acts in using residentially zoned property for law offices

How later courts described this case

  • whatever hardship the applicant suffered arose from his own acts in using residentially zoned property for law offices

Written by the judges who cited it.

The opinion

REILLY, Chief Judge

(concurring):

In rejecting petitioners’ application for a zoning variance which would enable them to continue to use their building at 2019 R Street, N.W., for law offices, the Board was dealing with a piece of property which has not been occupied solely for residential purposes for a period of more than 45 years; one owner opening a dentist’s office *309 there in 1928; his successor using it for the practice of medicine; and a third converting it into the chancery annex of a foreign government. The building in question is situated in a city block where there are several parcels devoted to nonconforming uses. While the Board finds support in the Zoning Regulations for distinguishing between law offices and medical offices, I find this distinction lacking in any rational support. In view of the restraints imposed by our own rules of decision 1 upon particular divisions of this court, however, I agree that the disposition of this case is controlled by Clouser v. David, 114 U.S.App.D.C. 12 , 309 F.2d 233 (1962).

. M.A.P. v. Ryan, D.C.App., 285 A.2d 310 (1971).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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