900 G Street Associates v. Department of Housing & Community Development

430 A.2d 1387 (1981)

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900 G Street Associates v. Department of Housing & Community Development

District of Columbia Court of Appeals

430 A.2d 1387 (1981)

Facts

900 G Street Associates (owner) (plaintiff) filed suit to appeal the D.C. Mayor’s Agent’s (defendant) denial of a permit to demolish a historically designated building that owner had recently purchased. The nineteenth century historic building occupied a lot located near the American Art Portrait Gallery and across an alley from another property that also belonged to the owner. Although structurally sound, the building was vacant and in poor repair. The owner acquired the building with the intent to demolish it and construct a commercial office building spanning the lot and the owner’s other adjacent lot. Due to the building’s inclusion on the National Register of Historic Places, the building fell under the protection of the Historic District Protective Act (HDPA). The Mayor’s Agent held a hearing on the owner’s application for demolition, at which the only issue argued was whether denial of the permit would cause the owner to suffer unreasonable economic hardship. After hearing evidence that the building could be affordably renovated and rented out or sold to another owner, the Mayor’s Agent denied the permit, and the owner appealed to the court.

Rule of Law

Issue

Holding and Reasoning (Kern, J.)

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