# Dupont Circle Citizen's Ass'n v. District of Columbia Zoning Commission

> District of Columbia Court of Appeals · July 31, 1975 · 343 A.2d 296

URL: https://www.frixlaw.com/law-library/cases/9732982

## Case

- **Full name:** DUPONT CIRCLE CITIZEN'S ASSOCIATION Et Al., Petitioners, v. DISTRICT OF COLUMBIA ZONING COMMISSION, Respondent, Sheridan-Kalorama Neighborhood Council, Intervenor, National Capital Planning Commission, Amicus Curiae
- **Court:** District of Columbia Court of Appeals
- **Decided:** July 31, 1975
- **Citations:** 343 A.2d 296; 1975 D.C. App. LEXIS 433
- **Precedential status:** Published
- **Opinion:** Concurrence by Kern
- **Judges:** Reilly, Kelly, Fickling, Kern, Gallagher, Nebeker, Yeagley, Harris
- **Cited by:** 26 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9732982

## How later opinions describe it (automated extraction)

- stating that a party will “always have access to the 12 trial court for review in an original proceeding” and can argue “that the agency action was arbitrary and capricious”
- noting that in administrative proceedings, contested-case procedural requirements apply when decisions directly affect specific parties’ rights

## Opinion text

KERN, Associate Judge
(concurring):
I am constrained by this court’s decision in Chevy Chase Citizens Ass’n v. District of Columbia Council, D.C.App., 327 A.2d 310 (1974), to agree with the majority. There, a majority of the court (at 314) construed the statutory phrase “after a hearing” contained in the District of Columbia APA definition of “contested case” to mean “after a trial-type hearing”. In my view the “public hearing” which the Zoning Commission is required by Section 5-415 to hold before putting into effect the amendment of the zoning regulations concerning halfway houses in this case cannot be deemed a trial-type hearing. Hence we do not have a contested case before us, and in the absence of a showing of any other basis for jurisdiction in this court, I agree that the appeal must be dismissed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9732982. Public record. Not legal advice.