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United States Court Cases

District Of Columbia Court Of Appeals Record

TIBER ISLAND COOPERATIVE HOMES INC. V. DC ZONING COMM.

Case Information: 07-AA-1280
Short Caption:TIBER ISLAND COOPERATIVE HOMES INC. V. DC ZONING COMM.Classification:Agency - Administrative Agency - Zoning Commission
Superior Court or Agency Case Number:ZC38-05Filed Date:11/26/2007

Opening Event Date:11/26/2007Case Status:Closed
Record Completed:04/10/2008Post-Decision Matter Pending:
Briefs Completed:08/14/2008
Argued/Submitted:05/13/2009
Disposition:Next Scheduled Action:
Mandate Issued:

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
IntervenorMarina View Trustee, LLCN
Deborah B. BaumNY
Paul A. TummondsNY
Alison B. Rousseau NN
PetitionerTiber Island Cooperative Homes IncorporatedN
Michael B. McGovernYY
RespondentD.C. Zoning CommissionN
Todd S. KimNY
Richard S. LoveYY

Events
Event DateStatusDescriptionResult
11/26/2007PETITION FOR REVIEW
11/26/2007FILING FEE of $100.00.
11/27/2007CERTIFIED COPY OF PETITION TO BOARD and Todd Kim, Esq.
02/06/2008MOTION FOR LEAVE TO INTERVENE Marina View Trustee
02/06/2008RECEIVED - notice of intent to intervene on be- half of resp.
02/12/2008 ORDERED That Marina view Trustee, LLC's motion for leave is granted and the Clerk shall file the lodged notice of intent to intervent and shall enter the appearance of Marina View Trustee, LLC as an intervenor in this matter. (ETW)
02/12/2008NOTICE OF INTENT TO INTERVENE
02/20/2008INTERVENOR'S MISCELLANEOUS SUBSTANTIVE MOTION for Summary Affirmance
02/20/2008STATEMENT from Intervenor pursuant to DCCA Rules 27(d)(5) and 28(a)(d)
02/21/2008TMC - intervenor's motion for summary affirmance - respondent's response - opposition
02/21/2008RESPONDENT'S ANSWER/RESPONSE- to intenvenor's motion for summary affirmanc
02/27/2008PTNR MOTION TO EXTEND TIME TO FILE OPPOSITION to motion for summary affirmance (unopposed) to 2/29/08
02/28/2008 On consideration of petitioner's motion for an extension of time to file an opposition to intervenor's motion for summary affirmance, it is ORDERED that the motion is granted, and petitioner's opposition, if any, shall be filed no later than March 10, 2008. (BY: GP)
03/04/2008NOTICE RECEIVED from Intervenor consenting to the Petitioners Motion for an extension of time to file the Opposition to Motion for Summary Affirmance
03/10/2008PETITIONER'S OPPOSITION to Intervenor's Motion for Summary Affirmance
03/17/2008 ORDERED that the MOTION FOR SUMMARY AFFIRMANCE IS DENIED. It is FURTHER ORDERED that the RESPONDENT shall, within 30 days from the date of this order, file the record in this case. (BRTHPR)
04/01/2008RECORD ON APPEAL
04/10/2008RECORD COMPLETED
04/22/2008 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that petitioner's brief and the appendix including the documents required by D.C. App. R. 30 (a)(1), shall be filed within 40 days from the date of this order, and respondent's and intervenor's briefs shall be filed within 30 days thereafter. See D.C. App. R. 30, 31. (GP)
06/02/2008PETITIONER'S MOTION TO EXTEND TIME TO FILE BRIEF and joint appendix no oppo to 6/23/08
06/06/2008 On consideration of petitioner's motion for an extension of time within which to file the brief, to which no opposition has been filed, it is ORDERED that petitioner's motion is granted and the brief of petitioner shall be filed on June 23, 2008. It is F/O that respondent's and intervenor's briefs shall be filed on or before August 1, 2008. (GP)
06/23/2008PETITIONER'S MOTION TO EXTEND TIME TO FILE BRIEF and appendix (second) no oppo 21 days
06/25/2008INTERVENOR'S OPPOSITION to pet's mot for ext of time for brief & appendix.
07/07/2008 On consideration of petitioner's motion for an extension of time within which to file the brief, and the opposition thereto, it is ORDERED that the motion is granted and petitioner's brief and the appendix shall be filed on or before July 14, 2008. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (ETW)
07/14/2008PETITIONER'S BRIEF
07/14/2008APPENDIX
07/23/2008SUPPLEMENTAL RECORD - #1 (transcripts)
08/11/2008INTERVENOR'S BRIEF
08/14/2008RESPONDENT'S BRIEF
08/14/2008BRIEFS COMPLETED
09/09/2008PETITIONER'S REPLY BRIEF
09/10/2008FINAL SCREENING - REGULAR CALENDAR
12/12/2008 It appearing that this appeal is likely to be calendared for argument during the months of March 2009 thru May 2009, it is ORDERED that counsel shall advise this court in writing by January 12, 2009 of specific dates during that period when they are unavailable so that the court can attempt to avoid such dates in scheduling argument. Counsel must continue to advise the court of availabilities for subsequent months until this case is in fact set for argument. Note that the calendar is prepared approximately two months in advance, e.g. January calendar set for release at the end of November. The court does not encourage the filing of motions to postpone a scheduled argument. If you do seek a change in a scheduled argument date, your motion should both indicate the opponent's position with respect to your request and alternative dates when you and opposing counsel would be available. You may call the Calendar Clerk prior to filing such a motion for information on dates in the scheduled month when the courtroom is available.(aj) Garland Pinkston, Jr. Clerk
01/09/2009LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING intervenor
01/09/2009LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING respondent
01/15/2009LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING petitioner
02/19/2009LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
02/20/2009PETITIONER'S MOTION TO CONSOLIDATE 07-AA-1280 & 09-AA-78
02/27/2009INTERVENOR'S OPPOSITION to petitioner's motion to consolidate appeals
03/09/2009ORDER DENYING PETITIONER'S MOTION TO CONSOLIDATE 07-AA-1280 and 09-AA. It is F/O that petition for review no. 09-AA-78 is hereby held in abeyance pending a decision in petition for review no. 07-AA-1280.
04/01/2009CALENDAR NOTICE SENT
04/06/2009PETITIONER'S MOTION REQUESTING ORAL ARGUMENT no oppo
04/10/2009On consideration of respondent's consent motion to continue oral argument, and it appearing that this matter is scheduled on the regular calendar of May 7, 2009, it is ORDERED on behalf of the merits division assigned to consider this matter that the motion is granted and this appeal is removed from the regular calendar of May 7, 2009, and rescheduled for argument before this division as a special sitting on Wednesday, May 13, 2009, at 2:30 p.m. The parties are to be present in the District of Columbia Court of Appeals courtroom at 2:25 p.m. on that date. (GP)
05/13/2009FiledACTION - Argued / Submitted
05/13/2009ARGUED before Judges Reid, Fisher, Oberly Michael B. McGovern, Esq. for petitioner Richard S. Love, Esq. for respondent Deborah B. Baum, Esq. for intervenor
07/09/2009DISMISSED Opinion (Reid, Fisher, Oberly) and Order denying the petition for review.
08/03/2009MANDATE ISSUED.