WASHINGTON, DC—Despite a second court ruling that pushes back construction on its mixed-use project in Brookland, The Menkiti Group says it will move forward with the venture despite the setbacks.

The Menkiti Group is planning to build apartments and retail on Monroe Street Northeast with partners Horning Brothers, Esocoff & Associates and Colonel Brooks Tavern owner Jim Stiegman. However, last Thursday the DC Court of Appeals ordered the Planned Unit Development go back to the Zoning Commission for the second time, according to the Washington Business Journal.

The development is to feature 213 residential units and 13,000 square feet of retail and restaurants.

While terming the court ruling a disappointment, Bo Menkiti, founder and CEO of The Menkiti Group, says, “We are 100% committed to this project and the Brookland neighborhood, the Brookland community. It's been a huge part of our business and we've been committed since the very, very beginning.”

The Zoning Commission initially approved the project in June 2012. However, neighbors filed an appeal and won a victory when the court ordered the PUD be sent back to the commission for clarification of three issues.

The court in its ruling on the second appeal last week stated that the Zoning Commission did not address the neighbors' objections. “It is not the proper function of such a fact finder to announce 'you won, now tell me why,'” Judge Theodore Newman wrote in the court opinion. “Both this court and other courts have condemned this practice. In spite of this continued condemnation, courts have remained reluctant to vacate orders where the practice is clearly evident. In my view, it is high time for this court to begin to do so. I would do so here.” See story in the Washington Business Journal.