Nathanson v. D.C. Bd. of Zoning Adjustment
In Nathanson v. D.C. Bd. of Zoning Adjustment, 289 A.2d 881 (D.C.App.1972), property owners sought a special exception to erect a storage facility on the rear area of their liquor store property.
The special exception was granted subject to the condition that the owners also build a 42 inch masonry wall to screen the storage facility area from view of surrounding properties. The owners applied for and received a building permit for the storage facility that did not include the wall.
When neighbors complained, the zoning board issued an order directing the owners to show cause why the special exception should not be revoked for failure to comply with the condition. In response, the owners asked the board to remove the condition.
The board refused to remove the condition. That decision was affirmed on judicial review. The court observed:
The time to press objections to the condition was before taking advantage of the special exception benefits. Having accepted the benefits without contesting the condition the owners have waived any error that may have existed and may not now object to enforcement of the condition. Id. at 885.