Thelma A. Diedrich v. Zoning Commission of the District of Columbia
Thelma A. DIEDRICH Et Al., Appellants, v. ZONING COMMISSION OF the DISTRICT OF COLUMBIA Et Al., Appellees
Opinion
PER CURIAM.
In respect to zoning, Congress by statute 1
created a Commission which it empowered to control, among other things, the population dénsity throughout the District of Columbia and for that purpose to prepare comprehensive plans and publish maps depicting the plans. Many factors were mentioned in the statute, including congestion in the streets, safety from fire, panic and other dangers, health, light, air, transportation, civic activity, recreation, education, and so on. Such a map, depicting the area here involved, was promulgated in 1958 as part of comprehensive zoning changes in the City.
On November 27, 1965 (some seven years thereafter) appellant-owners applied to the Commission for an amendment to the map.
2
The Commission, after public hearing, declined. The owners sued in the District Court for a mandatory injunction. On cross-motions for summary judgment, the trial judge denied plaintiffs’ motion and entered judgment for the Commission. This appeal followed. We affirm. The functions of the Commission in preparing and promulgating plans and maps are obviously exercises of judgment legislative in character and are subject to judicial control only if arbitrary or capricious.
3
Since we cannot say that the challenged action was devoid of evidentiary support or irrational, we are obliged to affirm.
Affirmed.
1
. D.C.Code § 5-413 (1967).
2
. D.C.Code § 5-415 (1967).
3
. Lewis v. District of Columbia, 89 U.S.App.D.C. 72, 74 , 190 F.2d 25, 27 (D.C.Cir. 1951).
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 13 cases
View all citing references →Relies on it most ⓘ
- Karr v. Schmidt
- Citizens Ass'n of Georgetown v. ZON. COM'N, ETC.
- Citizens Ass'n of Georgetown, Inc. v. Zoning Commission
- Citizens Ass'n of Georgetown, Inc. v. Washington
- Capitol Hill Restoration Society v. Zoning Commission
- R. J. Higginbotham and Mrs. Mary S. Dennis v. E. W. Barrett and E. P. Ellison
Most recent
- Francini v. Town of Farmington
- Citizens Ass'n of Georgetown v. ZON. COM'N, ETC.
- Akahane v. Fasi
- South Gwinnett Venture, a Partnership Composed of South Gwinnett Apartments, Inc. v. W
- The Citizens Association of Georgetown, Inc. v. Zoning Commission of the District of Columbia the Citizens Association of Georgetown, Inc
- South Gwinnett Venture v. Pruitt
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.