Quote:
Originally Posted by jpdivola
Appeals Court Nixes Dupont Church, Housing Project
Morgan Baskin
Apr 17, 2018
Washington Citypaper
"A D.C. Court of Appeals ruling issued Thursday put the kibosh (for now) on a project proposed by the St. Thomas Episcopal Parish, a 120-year-old church in Dupont Circle, to construct a building on its property that would function as both a site of worship and residential building with 56 units. The addition would restore St. Thomas's main structure, which burned down in a 1970 fire."
https://www.washingtoncitypaper.com/...ousing-project
This seems likely to have a chilling effect on the DC construction market.
In recent years, the DC Court of Appeals has been very active in overturning Zoning Commission decisions and blocking new development.
https://www.bisnow.com/washington-dc...rt-76657-76664
However, they seem to have stepped up their activism and are no longer merely blocking proposed projects, but have now blocked a project that is already under construction. The direct impact will likely delay this relatively small project for months or years. But, this new legal risk seems likely to halt any project that requires a zoning variance.
|
Indeed, this recent Court of Appeals ruling may have a chilling effect on development in the District. This is deplorable and troublesome, as it brings uncertainty and risk into the development process. On a more positive note, however, the situation may not be long term, as the mayor and city council are quite aware of the predicament developer's face, and various measures are under consideration to stem legal challenges to approved projects. Let's hope they are successful.
It appears the core issue under challenge, and on which the courts are acting, is the "process" of approval of a project, or, in more simply terms, the "why," on what terms, a project was approved. On a fundamental level, the power and authority of government—that being, in these cases, the District of Columbia and its respective agencies—is under challenge. Until legislation is enacted that precisely codifies the authority of the District with respects to development—how and what is built, within its jurisdictional borders—legal challenges, in one shape or another, are likely to continue.
In regards to the St. Thomas Episcopal Parish project referenced above, the legal challenge concerns a variance. The city and its agencies deemed the project worthy of a minor variance, which was then granted. Now the Court is saying that maybe the variance should not have been given, that the reasons to provide relief—that is, the variance—were questionable.
Here's the link to a Washington Post article that looks into how the District is trying to respond to the legal challenges:
https://www.washingtonpost.com/local...=.a6db21538186
Prev
Linear Mode
