Foster v. Mayor's Agent for Historic Preservation

• Title: Foster v. Mayor's Agent for Historic Preservation
• Citation: 698 A.2d 411 (D.C. 1997)
• Decided Date: 03-Jun-97

Summary:

Petitioner, on behalf of the Capitol House Condominium, located in an historic district, appealed the denial of her application for a permit to install a trash dumpster and recycling bins permanently on public space. Petitioner argued that her application did not constitute an application for an alteration permit under the Act and therefore the Act did not apply to her permit application. The court upheld the Mayor's Agent's conclusions that the Act applied to the application, that the proposed alteration was not consistent with the Act, that the proposed alteration did not constitute a project of special merit, and that denial of the permit application did not subject the petitioner to unreasonable economic hardship.

Mayor's Agent Procedural:

The court agreed with the Mayor's Agent that the petitioner's request was "'to alter the exterior or site of . . . a building or structure in an historic district,'. . . and so fell within the requirements of the Act." (emphasis original).

The Mayor's Agent's conclusions with regard to special merit and unreasonable economic hardship were reviewed under a reasonableness standard of review.

Petitioner failed to show disparate treatment or discriminatory animus sufficient to support her claim of denial of equal protection.

Consistent with the Purposes of the Act:

The Mayor's Agent's conclusion that permanent installation of dumpsters on public space in an historic district was inconsistent with maintaining the sightliness and historic integrity of districts covered by the Act was reasonable and not in contravention of the statutory language.

Special Merit:

The Mayor's Agent reasonably concluded that the petitioner's application did not meet the "special merit requirements."

Unreasonable Economic Hardship:

The Mayor's Agent reasonably concluded that denial of the petitioner's application did not subject petitioner to unreasonable economic hardship.

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