Photo by BeyondDC.

By DCist contributor Chris Cioffi

A plaza in the heart of Adams Morgan will remain safe from demolition until a trial can be held, a judge ruled Friday.

Community groups Adams Morgan for Reasonable Development and the Kalorama Citizens Association filed a lawsuit in June aiming to stop developers from erecting a mixed-use building at the corner of 18th Street and Columbia Road NW, where a bank and the plaza sit. In late July, they requested a temporarily halt to any construction until the trial’s completion.

District of Columbia Superior Courtroom of Judge Todd Edelman said that the evidence presented by the residents may be enough to prove that the plaza was intended by its then-owner Perpetual Federal Savings & Loan Association to be set aside for public use.

He ordered a preliminary injunction, allowing that the plaza should remain in place until the case winds its way through court.

“Once the plaza is destroyed and replaced by a building, whatever value that has to the community would be lost,” Edelman said.

Developer PN Hoffman and Potomac Investment Properties want to buy the roughly 16,000 square-foot lot from its current owner, SunTrust Bank, and build a new 7-story building containing about 50 condo units.

The proposal to build the new condos has been unpopular among neighbors and the Advisory Neighborhood Commission for Adams Morgan, but the D.C Historic Preservation Review Board granted PN Hoffman permission to redevelop the site.

The plaza dates back to the 1970s, and has served as a place for community gatherings and a weekly farmers market. The residents contend that the plaza was gifted to the public by Perpetual Federal. In exchange, a resident-led complaint in front of the Federal Home Loan Bank Board was ended.

Michael Ross, an attorney for the developer, argued that none of the owners ever intended for it to be a public space forever, and there had never been any easements on the title.

He said that by continuing to paying taxes, maintaining the space, and issuing permits for groups holding events, there was no commitment to allow it to remain public forever.

The developers have offered to replace the plaza with a much smaller version, but it’s not suitable to support current activities, said Vikram Surya Chiruvolu a leader of the Adams Morgan group.

Edelman emphasized he had no opinion on the final outcome of the case.

“I’m not here saying plaza is better than condo or condo is better than plaza,” he said. “That choice is not one that a judge can or should be making.”

He also ordered an accelerated timeline on the case because attorneys for the developers and bank said that delays could cause the loss of financing and scuttle the deal.

Ross also requested Friday that the judge set a bond of $20 million in the case to protect the developer in case it loses money over the court delays.

“This is a deal that is worth tens of millions of dollars,” Ross said.

The threat of being ordered to pay such a huge sum drew ire from Paul Zukerberg, the attorney for the residents.

“Asking $20 million is a way to try to prevent us from being able to assert our rights,” Zukerberg said.

Edelman said he would consider the request and rule on an amount early next week.

While there is still much to be decided in the case, the residents hailed Edelman’s ruling as a victory.

Zukerberg said it was gratifying that judge ruled in favor of a group of residents who are “up against the largest and most successful developer in the nation,” he said. “The fact that a small community group of activists could defeat and stop in their tracks two behemoths is remarkable.”

Previously:
Community Groups Ask Judge To Halt Construction At SunTrust Plaza