In D.C., It's Big Names Vs. a Litigious Developer

"It seems to be the height of folly, laced with a bit of vindictiveness the source of which is unknown to the court, for plaintiff to insist that this attractive and necessary wall be removed simply so that it can be reconstructed about two feet further down the hill," Judge Geoffrey M. Alprin wrote.

Under current zoning laws, Bender can build nine houses on Chain Bridge Road, said Maxine Brown Roberts of the D.C. Planning Office. Asked why he wants to build 13, Bender sketched on a piece of paper how he can maximize profits from 13 houses. His plans meet the minimum lot requirements under the zoning rules, he said.

If the neighbors wanted lower density, they should have petitioned the city to increase the lot requirements, he said. The houses, one of which would be nearly 10,000 square feet, would sell between $3 million and $5 million each, he said.

Across the street is Battery Kemble Park, a former Union Army fort, where dog walkers chat about Bender's plans. "People are just furious that someone would come who doesn't care about the neighborhood and would put 13 mansions on 3.5 acres," said Hattie Babbitt, wife of former Interior secretary Bruce Babbitt, who walks their German shorthaired pointer in the park.

Like many residential streets in the District and close-in suburbs, Chain Bridge Road has been under development pressure. Aging homeowners have sold, and newcomers are replacing modest houses with towering homes.

"Suddenly, a three-story house goes up next to you -- the light gets cut off half the day, and the vegetable garden you had last year won't grow because there's no sun," said Alma Gates, the advisory neighborhood commissioner, who has lived in there since 1969.

To slow the trend, the neighborhood persuaded the city in 1999 to enact zoning rules that protect mature trees and limit development there.

"We've reached our limit," said Mitchell, adding that neighbors would have backed Bender had he planned six to eight houses. "But to talk about 13 houses is completely disrespectful of the land."

If Bender wins, she says she will sell. "I can't imagine staying in the neighborhood if those houses come in," said Mitchell, who has lived in an 1894 farmhouse for 30 years.

City agencies that reviewed Bender's plan have issued conflicting opinions. The Planning Office recommended approval if Bender dropped one house and lowered the height of another, among other conditions. But the city's Urban Forestry Administration said the zoning board should reject the plan because it violates the special zoning protection for mature trees.

Bender has at least one ally on the street. "Every time someone wants to build a house in this neighborhood, the neighbors get all excited," said Bernard Gewirz, an acquaintance of Bender's. "It's 'I've got mine, and keep the other people out.' "

If they lose before the zoning board, the neighbors say they will probably take Bender to court. And if Bender loses, he might do the same.

Or not.

"I can put a farm over there," he said. "I was thinking of pigs and peacocks. Peacocks make a hell of a racket."