Lee v. District of Columbia Board of Appeals & Review, 423 A.2d 210 (1980)

Citation: Lee v. District of Columbia Board of Appeals & Review, 423 A.2d 210 (1980)
Parent Document: Lee v. District of Columbia Board of Appeals & Review, 423 A.2d 210 (1980)
Jurisdiction: DC (municipal)
Effective Date: 1980-11-06
Original Source: https://www.courtlistener.com/opinion/2000618/lee-v-district-of-columbia-boar... ↗

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In Association of Data Processing Service Organizations, Inc. v. Camp, 397 U.S. 150, 90 S.Ct. 827, 22 L.Ed.2d 184 (1970), the Supreme Court held that in order to seek review of an administrative agency’s decision, (1) the petitioner must allege that the challenged action has caused him injury in fact, id., at 152, 90 S.Ct. at 829; (2) the interest sought to be protected by the petitioner must be arguably within the zone of interests to be protected or regulated by the statute or constitutional guarantee in question, id., at 153, 90 S.Ct. at 829; and (3) there must be no clear legislative intent to withhold judicial review either from the class of persons or in the type of case involved. Id., at 156, 90 S.Ct. at 831.12 This three-tiered test has been applied consistently by the federal courts, including the United States Court of Appeals for the District of Columbia Circuit. See, e. g., Gifford-Hill & Co., Inc. v. F. T. C, 173 U.S.App.D.C. 135, 136, 523 F.2d 730, 731 (1975); Ballerina Pen Co. v. Kunzig, 140 U.S.App.D.C. 98, 101, 433 F.2d 1204, 1207 (1970), cert. denied sub nom. National Industries for the Blind v. Ballerina Pen Co., 401 U.S. 950, 91 S.Ct. 1186, 28 L.Ed.2d 234 (1971). In Basiliko v. District of Columbia, supra, at 818, we specifically adopted this standard, and we have followed it ever since. See, e. g., Apartment and Office Building Ass’n of Metropolitan Washington v. Washington, D.C.App., 343 A.2d 323, 331 (1975); Board of Elections v. Democratic Central Committee, D.C.App., 300 A.2d 725, 726 (1973).

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