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 sufferNo. 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 - DCNo. 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
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