The Capitol Hill Restoration Society appealed to the DC Court of Appeals the decision of Harriet Tregoning, the Mayor's Agent, to permit the construction by the Heritage Foundation of a third story on this Victorian commercial row building within the Capitol Hill Historic District. Her decision was based solely on the findings of the US Commission of Fine Arts, which she held should be given precedence per the expert opinion and ruling of the Historic Preservation Review Board. She further commented that the Board's design guidelines are of negligible value. The C100 and the DC Preservation League filed an amicus brief in the court on July 6 supporting the Restoration Society's appeal on those points.