National Trust v. Department of State, Civ. A. No. 91-0627 (HHG)
| Citation | 834 F. Supp. 453 |
| Decision Date | 14 September 1993 |
| Docket Number | Civ. A. No. 91-0627 (HHG),91-1101 and 91-0564. |
| Parties | NATIONAL TRUST FOR HISTORIC PRESERVATION, Plaintiffs, v. DEPARTMENT OF STATE, et al. Defendants. |
| Court | U.S. District Court — District of Columbia |
Richard B. Nettler, Robins, Kaplan, Miller & Ciresi, Washington, DC, for plaintiff Sheridan-Kalorama Historical Ass'n, et al.
David A. Doheny, Vice President and Gen. Counsel, Andrea C. Ferster, Asst. Gen. Counsel, Elizabeth S. Merritt, Associate Gen. Counsel, Stephen M. Truitt, Richard B. Nash, Jr., Pepper, Hamilton & Scheetz, Washington, DC, for plaintiff National Trust for Historic Preservation in U.S.
Robin D. Ball, Gregory F. Van Tatenhove, Attys., Civil Div., U.S. Dept. of Justice, Washington, DC, for Federal defendants.
Nancy G. Dunn, Asst. Corp. Counsel, Washington, DC, for District of Columbia Foreign Missions-Board of Zoning Adjustment, et al.
Whayne S. Quin, Louis P. Robbins, Wilkes, Artis, Hedrick & Lane, Washington, DC, for intervenor-defendant Republic of Turkey.
This Court, in its April 14, 1993 Opinion and Order, left unresolved the question of whether the Foreign Mission — Board of Zoning Adjustment ("FM-BZA") had "substantially complied" with local preservation laws pursuant to the Foreign Missions Act, 22 U.S.C. § 4306(d)(2). To briefly reiterate, the undecided issue was whether substantial compliance with local zoning laws necessarily entailed referring the matter to the Mayor's Agent for Historic Preservation. See District of Columbia Landmark and Historic Preservation Act of 1979, D.C.Law 2-144; D.C.Code 5-1001. However, the Court was unclear as to the role of the Mayor's Agent in this regulatory process. The Court now decides that issue.
"Substantial compliance" is not strict compliance. Wheeler v. District of Columbia Board of Zoning Adjustment, 395 A.2d 85, 90 (1978). The FM-BZA need only comply with the spirit of law 2-144, which here means soliciting the views of the Mayor's Agent. On July 18 and 19, 1989, the FM-BZA did request the Mayor's Agents' advice on a variety of issues. Administrative Record at 994 and 996. Moreover, the FM-BZA contends that it gave serious consideration to the responses of the Mayor's Agent. See Federal Defendant's Supplemental Brief Filed June 23, 1993 at 26.
This is all that is required. Section 4306 gives the FM-BZA sole authority to issue permits to replace or expand a chancery. It would be contrary to the purposes of the Act to empower the Mayor's Agent with authority to make the ultimate permitting decision or to require the FM-BZA to give dispositive weight to her views.
In addition, the federal defendants and the Republic of Turkey filed a Motion for Reconsideration, or, in the Alternative, for Amendment of Judgment. A motion for reconsideration is discretionary and should not be granted unless the movant presents either newly discovered evidence or errors of law or fact which need correction. See Harsco Corp. v. Zlotnicki, 779 F.2d 906, 909 (3d Cir.1985). Reconsideration is not appropriate where a party is simply attempting to reargue factual or legal assertions contained in their original pleadings. Natural Resources Defense Council v. Environmental Protection Agency, 705 F.Supp. 698, 700 (D.D.C.), vacated on other grounds, 707 F.Supp. 3 (D.D.C.1989). The primary reasons for reconsideration of judgment are "an intervening change of controlling law, the availability of new evidence, or the need to correct a clear error or prevent manifest injustice." Virgin Atlantic Airways, Ltd. v. National Mediation Bd., 956 F.2d 1245, 1255 (2d Cir.), cert. denied, ___ U.S. ___, 113 S.Ct. 67, 121 L.Ed.2d 34 (1992) (citations omitted).
Defendants forcefully reargue that substantial compliance with federal...
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