May 16, 1995
KINDY FRENCH, ET AL., PETITIONERS
DISTRICT OF COLUMBIA BOARD OF ZONING ADJUSTMENT, RESPONDENT; ANN CULLEN, INTERVENOR
Before Wagner, Chief Judge, and Terry and King, Associate Judges.
(Filed May 16, 1995)
It is ORDERED by the court, sua sponte, that footnote 22 on page 17 of the opinion in this case filed May 15, 1995, is amended to read as follows:
n22 Counsel for the Board has informed us that the Zoning Commission recently amended the zoning regulations by adding a new regulation, 11 DCMR § 3104.5, 42 D.C. Reg. 2115 (1995), which essentially codifies the tolling rule set out in the 1977 opinion of the Corporation Counsel. Since this amendment did not become effective until more than two and a half years after the BZA order at issue here and does not purport to be retroactive, we conclude that it has no effect on the outcome of this case. We express no view here as to whether the new section 3104.5 may be in conflict with D.C. Code § 1-1510 (a).
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