KINDY FRENCH ET AL V. D.C. BOARD OF ZONING ADJUSTMENT

Case Information: 92-AA-1064
Short Caption:	KINDY FRENCH ET AL V. D.C. BOARD OF ZONING ADJUSTMENT	Classification:	Agency - Administrative Agency - Bd Of Zoning Adjustment (BZA)
Superior Court or Agency Case Number:		Filed Date:	09/02/1992
Opening Event Date:	09/02/1992	Case Status:	Closed
Record Completed:	01/13/1993	Post-Decision Matter Pending:
Briefs Completed:	05/19/1993
Argued/Submitted:	01/07/1994
Disposition:		Next Scheduled Action:
Mandate Issued:	06/06/1995

Events
Event Date	Status	Description	Result
09/02/1992		PETITION FOR REVIEW
09/02/1992		$50.00 DOCKETING FEE
09/03/1992		CERTIFIED COPY OF PETITION TO BOARD and Charles Reischel.
09/14/1992		PETITIONER'S DOCKETING STATEMENT
09/15/1992		NOTICE OF INTENT TO INTERVENE of Anne Cullen on behalf of respondent.
11/18/1992		MEMORANDUM List of overdue records sent to C.C.
01/13/1993		ORDER: Respondent shall, within 15 days from the date of this order, file the record on appeal, accompanied by a motion for leave to file said record out of time. The motion should set forth good cause for the failure either to file the record or to request an extension of time within which to do so. (BY WHN)
01/13/1993		RECORD ON APPEAL - with exhibits (pictures/map)
01/13/1993		RECORD COMPLETED
02/11/1993		ORDER: The brief of petitioner shall be filed within 40 days from the date of this order and the brief of respondent shall be filed within 30 days thereafter. Any requests for an extension of time will be looked upon with disfavor and granted only in extraordinary circumstances. (By WHN)
03/19/1993		PETITIONER'S BRIEF
04/14/1993		RESPONDENT'S MOTION TO EXTEND TIME TO FILE BRIEF to 4/23/93 - no oppo
04/19/1993		ORDER GRANT RESP MOTION TO EXT TIME TO FILE BRIEF to and including April 23, 1993. (By WHN)
04/20/1993		INTERVENOR'S BRIEF
04/23/1993		memorandum in lieu of brief by aple
04/23/1993		error
04/23/1993		RESPONDENT'S MISCELLANEOUS PROCEDURAL MOTION to late file brief
04/30/1993		RECEIVED - aplt's reply brief
05/19/1993		ORDER GRANT RESP MISCELLANEOUS PROCEDURAL MOTION, the District of Columbia, to file memorandum in lieu of brief, and the lodged memorandum of the District of Columbia, in lieu of brief is filed. F/O that the lodged reply brief of petitioners is filed and this appeal shall be scheduled before a merits division of this court as soon as the calendar permits. (By WHG)
05/19/1993		MEMORANDUM/STATEMENT IN LIEU OF BRIEF (District of Columbia)
05/19/1993		PETITIONER'S REPLY BRIEF
05/19/1993		BRIEFS COMPLETED
07/16/1993		FINAL SCREENING - REGULAR CALENDAR
01/07/1994	Filed	ACTION - Argued / Submitted
01/07/1994		ARGUED (TE,WG,KG) Richard R. Nettler, Esquire, for appellant. Whayne S. Quin, Esquire, for appellee. Lutz Alexander Prager, Esquire, for appellee.
02/02/1994		PTNR MOTION FOR LV TO FILE SUPPLEMENTAL BRIEF/MEMO
02/02/1994		MOTION(S) FEE PAID
02/02/1994		RECEIVED- PETITIONERS SUPPLEMENTAL MEMORANDUM
02/08/1994		RESPONDENT'S ANSWER/RESPONSE by the district of columbia to motion to file supplemental memorandum.
02/09/1994		Trans on VS the 2/2/94 motion of ptnr for leave to file sup memo. kho
02/16/1994		ORD GRT PTNR MO FOR LV TO FL SUPPLEMENTAL MEMO and the response to the motion by D.C. and the lodgedsupplemental memorandum is filed. Respondent and Intervenor may file responding memorandua within 20 days from the date of this order. TEWAKG
02/16/1994		PETITIONER'S SUPPLEMENTAL MEMORANDUM is filed.
03/08/1994		INTERVENOR'S ANSWER/RESPONSE to petitioner's supplemental memorandum.
03/08/1994		RESPONDENT'S ANSWER/RESPONSE by the District of Columbia to supplemental memorandum.
03/10/1994		Trans to division the supplemental memos of respondent and intervenor filed on 3/8/94.
06/14/1994		CERTIFICATE PER RULE 28
06/15/1994		CERTIFICATE PER RULE 28
06/24/1994		LETTER from Whayne S. Quin and Louis P. Robbins counsel for Intervenor, replies to counsel for Petitioner.
05/15/1995		AFFIRMED Opinion
05/16/1995	Filed	OUTCOME/DISPOSITION - Outcome-Disposition
05/16/1995		error
05/16/1995		ORDER sua sponte, that footnote 22 on page 17 of the opinion in this case filed May 15, 1995, is amended to read as follows: 22 Counsel for the Board has informed us that the Zoning Commission recently amended the zoning regulations by adding a new regulation, 11 DCMR sec. 3104.5, 42 D.C. Reg. 2115 (1995), which essentiallycodifies the tolling rule set out in the 1977 opinion of the Corporation Counsel. Since this amendment did not become effective until more that 2 1/2years after the BZA order at issue here and does not purport to be retroactive, we conclude that it has not effect on the outcome of this case. We express no view here as to whether the new sec. 3104.5 may be in conflict with D.C. Code sec.1-1510(a)
06/06/1995		MANDATE ISSUED