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Case Information: 15-AA-1000
Short Caption:BARRY FARM TENANTS AND ALLIES ASSOCIATION V. D.C. ZONING COMMISSIONClassification:Agency - Administrative Agency - Zoning Commission
Superior Court or Agency Case Number:2002-ZC-000014Filed Date:08/31/2015
Opening Event Date:08/31/2015Case Status:Decided/Dismissed
Record Completed:10/02/2015Post-Decision Matter Pending:
Briefs Completed:
Argued/Submitted:09/28/2016
Disposition:Next Scheduled Action:
Mandate Issued:09/19/2018
Expedited

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
IntervenorD.C. Housing AuthorityN
Edward N. KaneNN
Claude E. BaileyNN
John F. CooneyNN
IntervenorA & R Development CorporationN
Paul J. KiernanYY
IntervenorPreservation of Affordable HousingN
George R. Keys, Jr.NN
PetitionerBarry Farm Tenants and Allies AssociationN
Aristotle TheresaYY
RespondentD.C. Zoning CommissionN
Richard S. LoveNY
Loren L. AliKhanNY

Events
Event DateStatusDescriptionResultPDF
08/31/2015FiledPetition For Review
08/31/2015FiledFiling Fee Paid
09/01/2015FiledService Of Petition On Agency/Bd
09/14/2015FiledInitial Order - directing record
10/02/2015FiledRecord On Appeal (6 Blue Folders)
10/02/2015FiledRecord Completed
10/07/2015FiledBriefing Order
11/02/2015FiledMOTION for leave to Intervene (Intervenor A & R Development Corporation, Intervenor DC Housing Authority, Intervenor Preservation of Affordable Housing)Granted
11/13/2015FiledMotion For Extension Of Time to File Appendix, Brief (Petitioner)Granted
11/24/2015FiledOrder Granting MOTION for leave to Intervene (Intervenor A & R Development Corporation, Intervenor DC Housing Authority, Intervenor Preservation of Affordable Housing)
11/24/2015FiledCounsel's Motion To Withdraw (Intervenor Preservation of Affordable Housing)Granted
11/24/2015FiledAppearance by George R. Keys, Jr. (Intervenor Preservation of Affordable Housing)
11/24/2015FiledNotice Of Intent To Intervene (Intervenor A & R Development Corporation, Intervenor DC Housing Authority, Intervenor Preservation of Affordable Housing)
12/16/2015FiledOrder Granting Counsel's Motion To Withdraw (Intervenor Preservation of Affordable Housing) - Aaron O'Toole
12/28/2015FiledMotion For Summary Reversal (Petitioner)Denied
01/08/2016FiledTMC--motion for summary reversal x motion for summary affirmance
01/08/2016FiledMotion For Extension Of Time to File to file opposition or otherwise respond to petitioner's motion for summary reversal (Intervenor A & R Development Corporation, Intervenor DC Housing Authority, Preservation of Affordable Housing)Granted
01/26/2016FiledMotion For Summary Affirmance (Intervenor A & R Development Corporation, Petitioner Barry Farm Tenants and Allies Association)Granted
01/26/2016FiledStatement in support of cross-motion for summary affirmance. (Respondent)
02/08/2016FiledMotion For Extension Of Time to File opposition to intervenors motion for cross summary judgment (Petitioner)Granted
02/10/2016FiledTMC (Mot. for extension to file oppo. to mot. for cross summary judgment)
02/12/2016FiledOpposition to petitioner's motion for extension of time (Intervenor A & R Development Corporation)
02/22/2016FiledReply to intervenors motion in opposition to appellant's motion for summary reversal (Petitioner)
03/01/2016FiledReply in support of cross motion for summary affirmance (Intervenor A & R Development Corporation)
03/14/2016FiledSur reply in support of summary reversal (Petitioner)
03/21/2016FiledMotion For Leave to amend sur reply in support of summary reversal (Petitioner)Withdrawn
03/21/2016LodgedAmended sur reply in support of summary reversal (Petitioner)
03/23/2016LodgedOpposition to Motion for Leave to Amend Sur Reply in Support of summary Reversal (Intervenor A & R Development Corporation)
04/04/2016LodgedReply in support of Barry Farm Tenants and Allies Association's motion to amend (Petitioner)
04/22/2016WithdrawnGRANT - Order Granting Intervenor's cross-motion for Motion for Summary Affirmance; FO ordered petitioner's Motion for Summary Reversal denied; FO extensions of time granted & lodged pleadings filed.
04/22/2016WithdrawnAffirmed
05/09/2016FiledMotion To Reinstate briefing calendar for court review of all appeal issues (Petitioner)Granted
05/10/2016FiledTMC (Motion To Reinstate briefing calendar for court review of all appeal issues) -- Treat as Petition for Rehearing
05/18/2016FiledOrder filing late petition for rehearing and granting petition and vacating the grant of the motion for summary affirmance to the extent that petitioner may raise any issue other than the propriety of the commissioner's motion to recuse. FO motion for summary affirmance denied. FO appeal is expedited and placed on Summary calendar FO brief of petitioner and joint appendix shall be filed in 30 days. Briefs of respondents and intervenor 30 days thereafter. All briefs to be hand served or electronically served.
05/18/2016FiledORDER SUA SPONTE - Order Sua Sponte Expedite _ SEPT 2016 Calendar (see May 18, 2016 order) Petitioner brief due 6/17
05/23/2016FiledMotion To Reconsider of the order dated May 18, 2016 and reinstatement of the Judgment dated April 22, 2016 (Intervenor A & R Development Corporation)Denied
05/24/2016FiledTMC --- (Motion To Reconsider of the order dated May 18, 2016 and reinstatement of the Judgment dated April 22, 2016 (Intervenor A & R Development Corporation)
05/31/2016FiledOrder Denying intervenor's motion seeking reconsideration of 5/18 order & reinstatement of 4/22 order; FO brief schedule set forth in 5/18/16 order shall continue as set forth therein; FO all pleadings of parties shall comply with rule of this court, including service to parties. Failure to comply w/rule may result in dismissal of appeal
06/01/2016FiledReply in support of vacating order (Petitioner)
06/17/2016FiledMotion For Extension Of Time to File Appendix, Brief (Petitioner)Granted
06/20/2016FiledOpposition to petitioner's motion to extend the briefing deadline (Intervenor A & R Development Corporation)
06/23/2016FiledReply in support of an extension of time to file principle brief (Petitioner)
07/05/2016FiledGRANT - Order Granting Motion For Extension Of Time to File Appendix, Brief (Petitioner)
07/05/2016FiledBrief (Petitioner)
07/20/2016FiledMotion For Leave to File to file a Joint Appendix (Petitioner)Granted
07/28/2016FiledBrief (Intervenor A & R Development Corporation)
07/28/2016FiledMemorandum/Statement In Lieu Of Brief (Respondent - D.C. Zoning)
08/03/2016FiledACTION - Calendar notice sent
08/17/2016FiledOrder Granting Motion For Leave to File to file a Joint Appendix (Petitioner)
08/17/2016FiledAppendix (Joint) (Petitioner)
08/18/2016FiledReply Brief (Petitioner)
08/19/2016FiledMotion For Leave to File Amended Reply Brief. (Petitioner)Granted
08/26/2016FiledOrder Granting petitioner's motion to file their amended reply brief.
08/26/2016FiledAmended Reply Brief (Petitioner)
08/26/2016FiledMotion For Leave to File Memorandum/Statement In Lieu Of Brief (Intervenor Preservation of Affordable Housing)Granted
09/01/2016FiledOrder Granting Co-Intervenor of Affordable Housing, Inc., to file statement.
09/01/2016FiledMemorandum/Statement In Lieu Of Brief (Intervenor Preservation of Affordable Housing)
09/14/2016FiledAppearance of Paul J. Kiernan (Intervenor A & R Development Corporation)
09/28/2016FiledArgued before Associate Judge Blackburne-Rigsby, Associate Judge McLeese, and Associate Judge Kravitz. (Aristotle Theresa, Esq. for petitioner Barry Farms Tenants and Allies Association) (Paul J. Kiernan, Esq. for Intervenor D.C. Zoning Commission)
09/28/2016FiledLetter from Intervenor A&R Development Corporation regarding a question posed during oral argument (Intervenor A & R Development Corporation)
04/05/2017FiledMotion for emergency injunction (Petitioner)Denied
04/12/2017FiledOpposition to Petitioner's Motion for emergency injunction (Intervenor A & R Development Corporation, Intervenor Preservation of Affordable Housing)
04/12/2017FiledOpposition to Petitioner's Motion for emergency injunction (Intervenor D.C. Housing Authority)
04/13/2017FiledAppearance of Claude Bailey (Intervenor D.C. Housing Authority)
04/13/2017FiledAppearance of John F. Cooney (Intervenor D.C. Housing Authority)
04/13/2017FiledStatement in response to petitioner's motion for emergency injunction (Respondent)
04/24/2017FiledReply in support of an emergency injuction with attached exhibits A & B (Petitioner)
10/27/2017FiledLetter From Intervenors inquiring about the status of the Court's decision on the case (Intervenor A & R Development Corporation, Intervenor D.C. Housing Authority, Intervenor Preservation of Affordable Housing)
12/18/2017FiledOrder Denying petitioner's motion for emergency injunction.
12/20/2017FiledLetter Received from Intervenors response to Court's Order filed on December 18, 2017. (Intervenor A & R Development Corporation, Intervenor D.C. Housing Authority, Intervenor Preservation of Affordable Housing)
02/01/2018FiledCounsel's Motion to Withdraw (Intervenor A & R Development Corporation)Granted
03/27/2018FiledOrder Granting Kristina A. Crooks, Esquire motion to withdraw.
04/26/2018FiledVacated And Remanded by OPINION
05/16/2018FiledMotion For Extension Of Time to File petition for attorney's fees (Petitioner)Granted
05/18/2018FiledOpposition to petitioner's motion for leave to file petition for attorney's fees (Intervenor A & R Development Corporation, Intervenor Preservation of Affordable Housing)
05/21/2018FiledResponse to motion for extension of time to file for attorney's fees (Respondent)
08/31/2018FiledOrder Granting motion for leave to file request for attorney fees. Further ordering that request for attorney fees is denied.
09/19/2018FiledMandate