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Waste Management of Maryland, Inc. v. District of Columbia Board of Zoning Adjustment

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Petition for Review of a Decision of the District of Columbia Board of Zoning Adjustment

Argued May 15, 2001

After the Zoning Administrator denied its application for a certificate of occupancy to run a solid waste handling facility, Waste Management of Maryland, Inc., waited three years before taking an appeal to the District of Columbia Board of Zoning Adjustment (“BZA”). The BZA dismissed the appeal as untimely. Seeking reversal of that decision, Waste Management argues that its delay in appealing was justified because the District directed it to pursue alternative administrative approaches in the interim to obtain an occupancy certificate. We agree with the District, however, that the BZA was without jurisdiction because Waste Management failed to note its appeal within a reasonable time. We take this opportunity to explicate the requirement of a “timely” appeal.

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