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Readers of this thread should be aware that, years ago, the DC Council agreed with the position of the staff and board at that time that cases establishing historic districts, cases landmarking individual properties, and cases involving permits at a specific property should all be treated as "legislative" cases (involving policy) instead of "contested" cases (where findings of fact are required and a logic to defend positions). Legislative case decisions may be appealed, but only to the Superior Court, which examines facts and other things; contested cases go directly to the DC Court of Appeals, which sees if rules were followed but does not typically examine the facts as "found" in the Order being appealed when found in evidence under review.

The Council could change this and, in my view, should. This is not about Steve Callcott or other staff in that component of the Office of Planning. He is well versed in historic preservation and architectural history as are the others, but few as much as he. Rather, the issue and potential solution is about the process and what should take place that doesn't, but could. Council?

by Lindsley Williams on Jul 31, 2012 5:32 pm • link • report