Committee of 100 on the Federal City v. District of Columbia Department of Consumer & Regulatory Affairs

571 A.2d 195 (1990)

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Committee of 100 on the Federal City v. District of Columbia Department of Consumer & Regulatory Affairs

District of Columbia Court of Appeals
571 A.2d 195 (1990)

Facts

The Committee of 100 on Federal City (Committee of 100) (plaintiff) filed suit under the Historic District Protection Act (HDPA) against the D.C. Department of Consumer and Regulatory Affairs (City) (defendant) for judicial review of a demolition permit granted by the City via the Mayor’s Agent that would allow S.J.G. Properties, Inc. (SJG) to raze a building in the historic financial district known as the Woodward Building. SJG intended to demolish the Woodward Building and replace it with an office building that would include amenities like underground parking, residential space, and a daycare. The Historic Preservation Review Board voted to deny SJG’s application, but after hearings, the Mayor’s Agent approved the application for demolition. In support of the approval, the Mayor’s Agent found that the new building project was of special merit and thus necessary in the public interest under the HDPA because the amenities promised by SJG would serve the City’s land planning objectives by providing much needed housing, parking, and daycare. The Mayor’s Agent also found that renovation of the Woodward building was not economically feasible. The Mayor’s Agent granted the demolition permit on the condition that SJG would execute a covenant guaranteeing the amount of space dedicated to housing for permanent D.C. residents and daycare, as well as feasibility studies and demonstration of SJG’s ability to implement the project. The Committee of 100 filed suit to challenge the demolition permit, arguing that the amenities did not support a finding of special merit and that SJG did not provide substantial evidence that the amenities were economically feasible.

Rule of Law

Issue

Holding and Reasoning (Rogers, J.)

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