RESOLUTION TO OPPOSE / PROTEST CLUB CINEMA’S PETITION TO AMEND OR TERMINATE SETTLEMENT AGREEMENT, ABRA-060040
- Petitioner, Club Cinema at 5300 Wisconsin Ave., NW entered into a settlement agreement approved by the Board on December 8, 1999. Petitioner now seeks to amend or terminate that agreement.
- There is no need, as required by DC Code Section 25-446, occasioned by circumstances beyond applicant’s control or a change in the neighborhood, to amend or terminate the settlement agreement.
- The changes to its license applicant calls for, without modifications suggested by the parties, could have an adverse impact on the neighborhood.
- The possible adverse impacts the Commissioners agreed to at the meeting were impacts on peace, order, and quiet, and on residential parking needs and vehicular and pedestrian safety.
- Commissioner Bender attended a mediation with the Petitioner’s counsel on February 6, 2020. A possible settlement agreement was discussed. After several days, Petitioner’s counsel contacted Commissioner Bender to say that Petitioner rejected the settlement terms.
- The case is set for hearing on the merits on March 11, 2020. Because this is before the next scheduled ANC meeting, in the at-least theoretical possibility that a settlement could be reached before the hearing, the ANC would need to delegate settlement authority to one or more Commissioners to consummate the agreement.
NOW THEREFORE BE IT RESOLVED:
- ANC 3E continues to oppose / protest the above-referenced petition.
- ANC 3E delegates settlement authority to Commissioner Bender. Commissioner Bender may sign a settlement agreement and take such actions as he deems appropriate in light of discussions with other Commissioners and constituents.
The resolution passed by a vote of 5-0-0 at a properly noticed meeting held on November 12, 2019, at which a quorum was present, with Commissioners Bender, Ehrhardt, Hall, McHugh, and Quinn in attendance.
by Jonathan Bender