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District of Columbia Court of Appeals PRON SEAMEN No. 18-AA-1146 JAMES FOURNIER, et al., Petitioners, v. DISTRICT OF COLUMBIA ZONING COMMISSION, Respondent, ZC13-14(A) and JAIR LYNCH DEVELOPMENT PARTNERS, Intervenors. BEFORE: Glickman and Fisher, Associate Judges, and Nebeker, Senior Judge. ORDER On further consideration of this court’s March 12, 2019, order that denied petitioners’ motion to stay this matter and directed the pro se petitioners to file their briefs and joint appendix in 30 days; this court’s May 21, 2019, order that denied pro se petitioner Wolkoff’s motion for summary reversal and redirected petitioners to file their brief and joint appendix in 30 days; pro se petitioner Wolkoff’s motion for an extension of time and the oppositions thereto that included a motion to dismiss; and pro se petitioner Wolkoff’s motion for injunctive relief listing both this petition and his other petitions, nos. 19-AA-500 & 501, the oppositions and replies thereto; and it appearing that none of the pro se petitioners have filed their briefs or joint appendix, it is ORDERED that the motion of petitioner pro se Wolkoff for injunctive relief is denied because petitioner has failed to show irreparable harm by the denial of this motion because he is challenging the reissuance of permits before the Office of ‘Administrative Services. In addition, the underlying argument in petitioner’s motion requires a hearing to determine contested facts and this court is not a fact-finding tribunal. See Wieck v. Sterenbuch, 350 A.2d 384, 378 (D.C. 1976). (Movant must clearly show a substantial likelihood of success on the merits; that movant will suffer No. 18-AA-1146 irreparable harm unless the injunction is granted; his injury is greater than that of the opposing party; and the public interest favors the granting of the injunction). If petitioner believes that the conditions precedent to demolition outlined in Friends of MeMillan Park v. District of Columbia Mayor's Agent for Historic Preservation, District of Columbia Office of Planning, 207 A.3d 1155 (D.C. 2019) have not occurred, petitioners may seek appropriate relief in Superior Court or pursue relief’ in their challenge before the Office of Administrative Hearings. It is FURTHER ORDERED that pro se petitioner Wolkoff’s motion for an extension of time is granted to the extent that pro se petitioners shall, within 30 days from the date of this order, file their consolidated brief and joint appendix signed by each pro se petitioner. Failure to timely file the brief and joint appendix will result in the dismissal of this petition for review without further notice. If a brief is filed but not signed by all pro se parties, the non-signatory petitioners will be dismissed as parties to this matter. It is FURTHER ORDERED that intervenor’s motion to dismiss is held in abeyance pending further order of the court. PER CURIAM. Copies e-served to: Philip Evans, Esquire Cynthia Gierhart, Esquire Chris Otten Daniel Wolkoff Loren AliKhan, Esquire Solicitor General -DC James McKay, Esquire Office of Attorney General - DC Richard Love, Esquire Office of Attorney General - DC No. 18-AA-1146, Copies mailed to: James Fournier 69 Bryant Street NW Washington, DC 20001 Jerome Peloquin 4001 9" Street NE Washington, DC 20017 Melissa Peffers 2201 2" Street NW, Unit 41 Washington, DC 20001 cml

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