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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

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

Other Sections in This Document (106)

Full Text

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It follows that, if the court were to conclude the agency did abuse its discretion in denying intervention, there would have to be a remand for a new proceeding; the court could not at that time rule on the merits of the petitioners’ alleged injury, before they had been given an opportunity (by way of intervention) to try to convince the agency in the first instance, with the help of traditional testimony and argument. If, however, the court were to conclude that the agency did properly deny intervention, the court would then have to inquire whether the agency’s decision on the merits nonetheless “adversely affected or aggrieved” the petitioners, D.C.Code 1978 Supp. § 1-1510, so as to confer standing to contest the merits. By dealing only with this latter question, my colleagues implicitly have decided the first question: that the Board did not abuse its discretion in denying intervention. 1 have no quarrel with that conclusion. --- 010combined ---