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Case Information: 20-CV-0245
Short Caption:
FRIENDS OF MCMILLAN PARK V. ERNEST CHRAPPAH, DIRECTOR D.C. DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS, ET AL.
Classification:
Appeals - Civil - Merit Personnel Act (CAP)
Lead:
20-CV-0245
Consolidated:
21-AA-0180
,
21-AA-0185
Superior Court or Agency Case Number:
2019-CAP-006127
Filed Date:
03/04/2020
Opening Event Date:
03/04/2020
Case Status:
Decided/Dismissed
Record Completed:
03/09/2020
Post-Decision Matter Pending:
Briefs Completed:
08/19/2021
Argued/Submitted:
10/26/2021
Disposition:
Next Scheduled Action:
Mandate Issued:
12/17/2021
Expedited
Party Information
Appellate Role
Party Name
IFP
Attorney(s)
Arguing Attorney
E-Filer
Amicus Curiae
DC Preservation League
N
Nicholas H. Jackson
N
Y
Amicus Curiae
National Trust for Historic Preservation
N
Nicholas H. Jackson
N
Y
Appellant
Friends of McMillan Park
N
Andrea C. Ferster
Y
Y
Appellee
D.C. Department of Buildings
N
Loren L. AliKhan
N
Y
Richard S. Love
N
Y
Appellee
Deputy Mayor for Planning and Economic Development
N
Loren L. AliKhan
N
Y
James C. McKay, Jr.
N
Y
Not Used Inactive
N
N
Carl J. Schifferle
Y
Y
Events
Event Date
Status
Description
Result
PDF
03/04/2020
Filed
Notice Of Appeal
03/09/2020
Filed
Record Index
03/09/2020
Filed
Record Completed
03/17/2020
Filed
Motion For Summary Affirmance (Appellee Deputy Mayor for planning and Economic Development)
Denied Without Prejudice
03/19/2020
Filed
TMC
03/20/2020
Filed
Motion To Stay Appeal (Appellant)
Granted
04/14/2020
Filed
Opposition to motion to stay appeal or to toll time for responding to motion for summary affirmance (Appellee D.C. Department of Consumer and Regulatory Affairs, Appellee Deputy Mayor for planning and Economic Development)
05/14/2020
Filed
No Transcript Needed
06/16/2020
Filed
ORDER GRANTING appellant's MOTION TO STAY APPEAL... F/O DENYING W/O PREJUDICE the motion for summary affirmance... F/O HOLDING THIS APPEAL IN ABEYANCE....
02/19/2021
Filed
Notice Received of final decision of the Office of Administrative hearings (Appellee Deputy Mayor for planning and Economic Development)
03/23/2021
Filed
Notice Received - Order of The Office of Administrative Hearings denying Motions for Reconsideration of it's Final Decision (Appellee Deputy Mayor for planning and Economic Development)
05/11/2021
Filed
Record On Appeal for 21-AA-180
05/27/2021
Filed
Record On Appeal for 21-AA-185
05/28/2021
Filed
Order Granting Motion To Consolidate and now. 20-CV-245, 21-AA-180 & 21-AA-185 are consolidated. FO than any demolition of the McMillian site authorized by the DCRA permit at issue is hereby stayed in 21-AA180 FO the Deputy Mayor's motion to intervene is granted. FO that these matters are hereby expedited and placed on the October 2021 calendar. FO that OAH shall submit the record in no 21-AA-180 no later than June 1, 2021 FO that pr se petitioners in 21AA185 shall, within 14 days from the date of the order, file a joint praecipe designating the person who will submit all future filings to the court on their joint behalf. FO that petitioners/appellants shall file their brief and joint appendix by July 12, 2021, respondent and intervenors shall file their brief by August 11, 2021, and any reply brief no later than September 1, 2021.
05/28/2021
Filed
Advance Briefing Order _ OCTOBER 2021 CALENDAR & LTRCC
07/08/2021
Filed
Supplemental Record #1 (documents)
07/12/2021
Filed
Joint Appendix (Intervenor Deputy Mayor for planning and Economic Development, Petitioner Friends of McMillan Park, Respondent D.C. Department of Consumer and Regulatory Affairs)
07/12/2021
Filed
Notice Received - Designates Peter Stebbins as person who will submit all future filings for Pro Se Petitioners (Petitioner Anderson, Petitioner Bosshart, Petitioner Boykin, Petitioner Campbell, Petitioner Carson, Petitioner Diener, Petitioner Duane, Petitioner Ellis, Petitioner Fleming, Petitioner Fournier, Petitioner Graham, Petitioner Grune, Petitioner Hanrahan, Petitioner Hoffman, Petitioner Kearns, Petitioner Kemp, Petitioner Levine, Petitioner Moynahan, Petitioner Norman, Petitioner Osborne, Petitioner Otten, Petitioner Peffers, Petitioner Peloquin, Petitioner Reischel, Petitioner Rosen, Petitioner Schwartzman, Petitioner Shaw, Petitioner Stebbins, Petitioner Wolkoff)
07/12/2021
Filed
Brief (Petitioner Friends of McMillan Park)
07/12/2021
Filed
Brief (Petitioner Anderson, Petitioner Bosshart, Petitioner Boykin, Petitioner Campbell, Petitioner Carson, Petitioner Diener, Petitioner Duane, Petitioner Ellis, Petitioner Fleming, Petitioner Fournier, Petitioner Graham, Petitioner Grune, Petitioner Hanrahan, Petitioner Hoffman, Petitioner Kearns, Petitioner Kemp, Petitioner Levine, Petitioner Moynahan, Petitioner Norman, Petitioner Osborne, Petitioner Otten, Petitioner Peffers, Petitioner Peloquin, Petitioner Reischel, Petitioner Rosen, Petitioner Schwartzman, Petitioner Shaw, Petitioner Stebbins, Petitioner Wolkoff)
07/14/2021
Filed
Motion For Leave to File Amended Joint Brief (Petitioner Anderson, Petitioner Bosshart, Petitioner Boykin, Petitioner Campbell, Petitioner Carson, Petitioner Diener, Petitioner Duane, Petitioner Ellis, Petitioner Fleming, Petitioner Fournier, Petitioner Graham, Petitioner Grune, Petitioner Hanrahan, Petitioner Hoffman, Petitioner Kearns, Petitioner Kemp, Petitioner Levine, Petitioner Moynahan, Petitioner Norman, Petitioner Osborne, Petitioner Otten, Petitioner Peffers, Petitioner Peloquin, Petitioner Reischel, Petitioner Rosen, Petitioner Schwartzman, Petitioner Shaw, Petitioner Stebbins, Petitioner Wolkoff)
Granted
07/19/2021
Filed
Order Granting Motion For Leave to File Lodged Amended Joint Brief (Petitioners)
07/19/2021
Filed
Amended/Corrected Brief (Petitioner Anderson, Petitioner Bosshart, Petitioner Boykin, Petitioner Campbell, Petitioner Carson, Petitioner Diener, Petitioner Duane, Petitioner Ellis, Petitioner Fleming, Petitioner Fournier, Petitioner Graham, Petitioner Grune, Petitioner Hanrahan, Petitioner Hoffman, Petitioner Kearns, Petitioner Kemp, Petitioner Levine, Petitioner Moynahan, Petitioner Norman, Petitioner Osborne, Petitioner Otten, Petitioner Peffers, Petitioner Peloquin, Petitioner Reischel, Petitioner Rosen, Petitioner Schwartzman, Petitioner Shaw, Petitioner Stebbins, Petitioner Wolkoff)
07/19/2021
Filed
Motion to Appear Amicus (Amicus Curiae DC Preservation League)
Granted
07/28/2021
Filed
Order Granting Motion to Appear Amicus (Amicus Curiae DC Preservation League)
07/28/2021
Filed
Brief (Amicus Curiae DC Preservation League)
07/29/2021
Filed
Supplemental Record #2 Hearing Transcript (12/02/19) Proceeding
08/13/2021
Filed
Brief (Redacted) (Appellee Deputy Mayor for planning and Economic Development)
08/19/2021
Filed
Memorandum/Statement In Lieu Of Brief (Appellee D.C. Department of Consumer and Regulatory Affairs)
08/19/2021
Filed
Briefing Completed
08/27/2021
Filed
ACTION - Calendar notice sent
09/01/2021
Filed
Reply Brief (Petitioner Friends of McMillan Park)
09/02/2021
Filed
Motion To Dismiss Appeal (Appellee Deputy Mayor for planning and Economic Development)
Granted in Part/Denied in Part
09/08/2021
Filed
Motion For Extension Of Time to File to file opposition to respondent's motion to dismiss (Petitioner Friends of McMillan Park)
Granted
09/09/2021
Filed
Order Granting petitioner's motion for extension of time to file response.
09/09/2021
Filed
Response to Respondents' Deputy Mayor for Planning and Economic Development Motion to Dismiss (Appellee D.C. Department of Consumer and Regulatory Affairs)
09/09/2021
Filed
Response in Opposition to Respondent and Intervenor's Motion to Dismiss as Moot (Petitioner Stebbins)
09/10/2021
Filed
Motion to file a single reply to the oppositions to the motion to dismiss appeals and lift the stay of demolition (Appellee Deputy Mayor for Planning and Economic Development)
Granted
09/17/2021
Filed
Order Granting appellee motion to file reply
09/17/2021
Filed
Motion For Leave to File Opposition/Reply/Answer (Petitioner Friends of McMillan Park)
Granted
09/21/2021
Filed
Reply in Support of it's Motion to Dismiss these Appeals as Moot and to Lift the Stay of Demolition, and Request for Expedition (Appellee Deputy Mayor for Planning and Economic Development)
09/22/2021
Filed
Order Granting Petitioner Friends of McMillian Park motion to file opposition.
09/22/2021
Filed
Opposition to Motion to Dismiss (Petitioner Friends of McMillan Park)
09/29/2021
Filed
Order that the Deputy Mayor's motion is granted in part and denied in part. The motion is granted to the extent it seeks to lift the stay and denied to the extent it seeks to dismiss these cases as moot.
09/29/2021
Filed
Order that the stay of demolition that this court entered in these cases on May 28, 2021, is hereby dissolved.
09/29/2021
Filed
Order that the October 26, 2021, oral argument remains as scheduled, and the parties shall come prepared to address any factual developments or legal arguments regarding mootness at that time.
10/01/2021
Filed
Rule 28(k) Citation Of Supplemental Authority (Appellee Deputy Mayor for Planning and Economic Development)
10/12/2021
Filed
Rule 28(k) Citation Of Supplemental Authority (Petitioner Friends of McMillan Park)
10/18/2021
Filed
Motion For Leave to File Reply Brief (Petitioner Anderson, Petitioner Bosshart, Petitioner Boykin, Petitioner Campbell, Petitioner Carson, Petitioner Diener, Petitioner Duane, Petitioner Ellis, Petitioner Fleming, Petitioner Fournier, Petitioner Graham, Petitioner Grune, Petitioner Hanrahan, Petitioner Hoffman, Petitioner Kearns, Petitioner Kemp, Petitioner Levine, Petitioner Moynahan, Petitioner Norman, Petitioner Osborne, Petitioner Otten, Petitioner Peffers, Petitioner Peloquin, Petitioner Reischel, Petitioner Rosen, Petitioner Schwartzman, Petitioner Shaw, Petitioner Stebbins, Petitioner Wolkoff)
Granted
10/19/2021
Filed
Appearance by Carl J. Schifferle, Esq. (Appellee Deputy Mayor for Planning and Economic Development)
10/22/2021
Filed
Rule 28(k) Citation Of Supplemental Authority (Appellee Deputy Mayor for Planning and Economic Development)
10/25/2021
Filed
Notice of Appearance to inform the Court Jimmie Boykin will be presenting on behalf of Petitioners (Petitioner Boykin, Petitioner Stebbins)
10/26/2021
Filed
Argued Before Associated Judges Beckwith, Easterly, and Deahl. (Andrea C. Ferster Esq,. for the petitioner Friends of McMillian Park) (Jimmie Boykin Pro Se for the petitioner) (Carl J. Schifferle Esq,. for the respondent Deputy Mayor for Planning and Economic Development).
10/28/2021
Filed
Reply Brief (Petitioner Anderson, Petitioner Bosshart, Petitioner Boykin, Petitioner Campbell, Petitioner Carson, Petitioner Diener, Petitioner Duane, Petitioner Ellis, Petitioner Fleming, Petitioner Fournier, Petitioner Graham, Petitioner Grune, Petitioner Hanrahan, Petitioner Hoffman, Petitioner Kearns, Petitioner Kemp, Petitioner Levine, Petitioner Moynahan, Petitioner Norman, Petitioner Osborne, Petitioner Otten, Petitioner Peffers, Petitioner Peloquin, Petitioner Reischel, Petitioner Rosen, Petitioner Schwartzman, Petitioner Shaw, Petitioner Stebbins, Petitioner Wolkoff)
10/28/2021
Filed
Affirmed by Judgment
11/12/2021
Filed
Petition For Rehearing/Rehearing En Banc (Petitioner Stebbins)
Denied
12/09/2021
Filed
Order Denying Petitioner Stebbins petition for rehearing or rehearing en banc.
12/17/2021
Filed
Mandate