Section 11-Y701. STAY OF FINAL DECISION AND ORDER

701.1 The provisions of this section apply as follows:

(a) This section applies in its entirety to zoning appeals and variance and special exception applications;

(b) Except with respect to a stay pending rehearing, the provisions of this section apply to civil infraction appeals; and

(c) This section shall not apply to chancery proceedings.

701.2 The Board, on its own motion or the motion of a party or petitioner to the District of Columbia Court of Appeals, may order the effectiveness of a final decision and order of the Board stayed pending reconsideration or rehearing, or appeal of the decision and order to the Court of Appeals.

701.3 Except as provided in Subtitle Y § 701.4, the Board shall grant a stay only upon finding that all four of the following criteria are present:

(a) The party seeking the stay (or, in the case of a stay to be issued on the Board’s own motion, the party in whose favor the stay would be ordered) is likely to prevail on the merits of the motion for reconsideration or rehearing, the sua sponte review, or the appeal;

(b) Irreparable injury will result if the stay is denied;

(c) Opposing parties will not be harmed by a stay; and

(d) The public interest favors the granting of the stay.

701.4 In determining whether to grant a stay, the Board may consider the following factors:

(a) Whether the party filing the motion is likely to succeed on the merits;

(b) Whether denial of the stay will cause irreparable injury;

(c) Whether, and to what degree, granting the stay will harm other parties; and

(d) Whether the public interest favors granting a stay. 

 

 

authority

§ 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, as amended; D.C. Official Code § 6-641.01 (2012 Repl.)).

source

Final Rulemaking published at 63 DCR 2447, 3500 (March 4, 2016 – Part 2).