Peter Minshall, et al. v. District of Columbia Department of Consumer and Regulatory Affairs

Summary

The District of Columbia Court of Appeals affirmed dismissal of neighbors’ administrative challenges to the construction and height of a wall in Georgetown as untimely. The court held that the neighbors should have appealed the decision lifting a stop work order within the applicable 10-business-day period. It also held that a later building permit authorizing cosmetic changes did not reopen the time to challenge the previously completed construction.

Holdings

1. The code official's decision lifting the stop-work order was a final decision appealable to the Office of Administrative Hearings by an aggrieved person, including a neighbor.
2. Petitioners' challenge to the size, height, location, and overall construction of the wall was untimely because they had notice of the relevant decision no later than the March 2014 lifting of the stop-work order and failed to appeal within 10 business days.
3. A timely appeal from the 2014 permit did not permit petitioners to challenge the already-completed overall construction of the wall.

Questions Presented

1. Whether petitioners' challenges to the height, size, location, and overall construction of the wall were timely under 12-A DCMR § 112.2.1.
2. Whether the lifting of a stop-work order was a final, appealable decision that triggered the administrative appeal period.
3. Whether petitioners' timely appeal of the 2014 building permit permitted them to challenge the already-completed overall construction of the wall.

Disposition

affirmed