Agenda - Planning Commission - 11/07/2013

Home

Zoning Bulletin September 25, 2013 I Volume 7 I Issue 18 under RSA 674:39-aa." Accordingly, the court held that the superior court's decision affirming the ZBA's decision was not unlawful or unreasonable. See also: Brandt Development Co. of New Hampshire, LLC v. City of Somersworth, 162 N.H. 553, 34 A.3d 593 (2011). See also: Radziewicz v. Town of Hudson, 159 N.H. 313, 982 A.2d 415 (2009). See also: DaimlerChrysler Corp. v. Victoria, 153 N.H. 664, 917 A.2d 209 (2006). Standing —Zoning commission approves PUD that would demolish, replace existing library Association organized to protect the library appeals Commission's approval Citation: D.C. Library Renaissance Project/West End Library Advisory Group v. District of Columbia Zoning Com'n, 2013 WL 4016278 (D.C. 2013) DISTRICT OF COLUMBIA (08/08/13)—This case addressed the issue of whether an association had constitutional standing and prudential standing to seek judicial review of a zoning commission's approval of a PUD application. The Background/Facts: The District of Columbia government decided to replace the library and fire station in the West End, because the facilities had become obsolete. The Office of the Deputy Mayor for Planning and Economic Development ("DMPED") developed a plan to fund the construction of a new library and fire station through a land transfer. EastBanc-W.D.C. Partners, LLC ("EastBanc") submitted the winning bid proposal for the project. EastBanc ultimately applied to the District of Columbia Zoning Commission (the "Commission") for relief from certain zoning requirements as part of ap- proval of a planned unit development ("PUD"). The proposed development included a public library, as well as retail and residential uses. The West End Library Advisory Group ("WELAG") was a nonprofit as- sociation organized to protect the West End Library, which would be demolished and replaced as part of the PUD. WELAG opposed the project and participated as a party in the Commission proceedings. After the Commis- sion approved the PUD application, WELAG unsuccessfully sought rehearing and then petitioned the court for review. As a threshold matter, EastBanc challenged WELAG's standing to seek judicial review of the Commission's order. DECISION: WELAG has standing, and judgment of Zoning Commis- sion affirmed. The District of Columbia Court of Appeals concluded that WELAG had '`both constitutional standing and prudential standing to seek judicial review of }the Zoning Commission's approval of EastBanc's PUD application. © 2013 Thomson Reuters 7