George Washington University v. District of Columbia

George Washington University (GW) (plaintiff) was a private university in the Foggy Bottom area of the District of Columbia (DC) (defendant). GW’s land was zoned for high-density commercial use, special purposes, and residential living. DC law permitted university use as a matter of right on land zoned for high-density commercial use and as a special exception on land zoned residential or special purpose. GW sought a special-use permit from the DC Board of Zoning Adjustment (BZA) for expansion between 2000 and 2010. Under the zoning regulations, the BZA ordinarily granted special-use permits when the application complied with the DC Comprehensive Plan and was found not to be objectionable to the neighboring community by noise, traffic, number of students, or other objectionable factors. However, the BZA found that GW’s acquisition of buildings in Foggy Bottom threatened the livability and residential character of the neighborhood. The BZA conditioned approval of GW’s plan on measures intended to limit the presence of undergraduates in Foggy Bottom, including requiring GW to house most students on campus and imposing an enrollment cap tied to GW’s supply of on-campus housing. After litigation in federal and state court, the BZA removed the enrollment cap but still required GW to provide on-campus housing or housing outside Foggy Bottom to 70 percent of the undergraduate class. GW renewed its federal-district-court challenge. The district court found that the BZA order violated GW’s right to substantive due process but rejected other constitutional claims made by GW. GW and DC appealed.