McMillan Park Returns to the DC Court of Appeals Challenging the Demolition Permit

You may recall that in August 2019, the District issued a demolition permit to begin the demolition of the McMillan site.  We immediately challenged that permit because it violated the DC Court of Appeals’ May 2019 order instructing the DC Department of Consumer and Regulatory Affairs (DCRA) to independently determine that the developer has the financial ability to complete the project. That’s the short story, see a more complete history of how we got to where we are on our web page here

Now after hearings before both the Superior Court and the Office of Administrative Hearings (OAH), we have brought the case back to the DC Court of Appeals, arguing that the developers’ “ability to complete the project” has not been demonstrated, in spite of the OAH’s determination that it was. The DC Court of Appeals has instructed the OAH to submit the administrative record. After the OAH does that, the Court of Appeals will send out further instructions, likely around mid-summer, which will include scheduling for submitting briefs and for arguments.

In the meantime, the injunction against any demolition activity at McMillan Park remains in force, and we’ve seen little activity there lately other than periodic lawn mowing and reinstallation of the green tarp around the fence that blew down over the winter.  We remain optimistic that we can prevail and are working hard to that end, with your continued support, including the many donations that we received during the winter Annual Progress and Giving Season Donations Rally, which we depend on to support our legal efforts. We cannot do this without your help!

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Friends of McMillan Park is a 501(c)3 educational non-profit. Donations to this cause are tax-deductible to the full extent of the law. To obtain a letter confirming your donation and the tax-exempt status of your donation, please contact Friends of McMillan Park Treasurer Kirby Vining at 202 213-2690 or at

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Thank you for your continued interest and support!

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