dcapa challenge in District of Columbia

2012Thus, to establish standing under the DCAPA to challenge an agency order, “the petitioner ‘must allege (1) that the challenged action has caused [it] injury in fact, (2) that the interest sought to be protected ... is arguably within the zone of interests protected under the statute or constitutional guarantee in question[ 21 ] ... and (3) that no clear legislative intent to withhold judicial review is apparent.’ ” Miller v. District of Columbia Bd. of Zoning Adjustment, 948 A.2d 571, 574 (D.C.2008) (quoting Dupont Circle Citizens Ass’n v. Barry, 455 A.2d 417, 421 (D.C.1983)).

2008This court has adopted a three part test to determine whether a petitioner has standing under the DCAPA to challenge an agency order: the petitioner “must allege (1) that the challenged action has caused [her] injury in fact, (2) that the interest sought to be protected ... is arguably within the zone of interests protected under the statute or constitutional guarantee in question ... and (3) that no clear legislative intent to withhold judicial review is apparent.” Dupont Circle Citizens Ass’n v. Barry, 455 A.2d 417, 421 (D.C.1983) (citation omitted).

2013Appleseed Ctr. for Law & Justice, Inc. v. District of Columbia Dep’t of Ins., Sec. & Banking, 54 A.3d 1188, 1200 (D.C.2012) (footnote and internal quotation marks omitted).

2012Thus, to establish standing under the DCAPA to challenge an agency order, “the petitioner ‘must allege (1) that the challenged action has caused [it] injury in fact, (2) that the interest sought to be protected ... is arguably within the zone of interests protected under the statute or constitutional guarantee in question[ 21 ] ... and (3) that no clear legislative intent to withhold judicial review is apparent.’ ” Miller v. District of Columbia Bd. of Zoning Adjustment, 948 A.2d 571, 574 (D.C.2008) (quoting Dupont Circle Citizens Ass’n v. Barry, 455 A.2d 417, 421 (D.C.1983)).

2002The DCAPA defines a “contested case” as “a proceeding before the Mayor or any agency in which the legal rights, duties, or privileges of specific parties are required by any law (other than this subchapter), or by constitutional right, to be determined after a hearing before the Mayor or before an agency.” D.C.Code § 1-1502(8) (1999). 6 A “contested case” 7 hearing is understood to mean “a trial-type hearing,” which is “implicitly required by either the organic act or constitutional right.” Chevy Chase Citizens Ass’n v. District of Columbia Council, 327 A.2d 310, 314 (D.C.1974) (en banc).