dissenting:
In Judge Nebeker’s separate statement, he concludes that this case was not fit for judicial intervention and was not properly before the Superior Court. Since his separate statement is not the opinion of the court, I do not find it necessary to respond to his analysis, which I find hopelessly flawed.
I would reverse the trial court’s ruling on the merits, and therefore dissent. Before reaching the merits, however, I will discuss two preliminary issues: our jurisdiction to hear this appeal, and appellants’ standing to bring this suit.
*126I. Jurisdiction
The plaintiffs filed suit in Superior Court seeking injunctive and declaratory relief. Their resort to Superior Court was proper.
This case is not “contested” for purposes of the DCAPA, D.C.Code 1981, § 1-1502(8). A contested case is one in which a trial-type hearing is required either by statute or as a matter of constitutional right. Id.; Capitol Hill Restoration Society, Inc. v. Moore, D.C. App., 410 A.2d 184, 187 (1979); Schneider v. District of Columbia Zoning Commission, D.C.App., 383 A.2d 324, 326 (1978). Here no such hearing is required. Certainly the Constitution does not mandate a hearing, for there has been no deprivation of a property interest. See Board of Regents of State Colleges v. Roth, 408 U.S. 564, 576-77, 92 S.Ct. 2701, 2708-09, 33 L.Ed.2d 548 (1972). The RLA statute merely requires a “public hearing, after ten days’ public notice,” but not until the developer’s proposal has been completed and the agency is deciding whether to lease or sell the property to the developer. See D.C.Code 1981, § 5-806(c). Even then, only a “public hearing” is required, which is less formal in nature than the trial-type hearing accorded to contested cases. See L’Enfant Plaza Properties, Inc. v. District of Columbia Redevelopment Land Agency, 184 U.S.App.D.C. 30, 39 — 10, 564 F.2d 515, 524-25 (1977). Nor do the agency regulations confer contested case status here, for the regulations are tailored to simply implement the statute; the hearing requirement is not triggered until an actual lease or sale is contemplated. 28 DCRR § 13-1, 13-2(b), (c).
The award of these exclusive rights is an “administrative proceeding ... concerned basically with weighing particular information and arriving at a decision directed at the rights of specific parties.” Schneider, supra at 326, quoting Chevy Chase Citizens Association v. District of Columbia Council, D.C.App., 327 A.2d 310, 313 (1974) (en banc). But this standard only indicates that the agency’s action was adjudicative as opposed to legislative in nature. It may still be adjudication without rising to the level of a contested case. One cannot rely on the functional test of Schneider alone in determining whether a case is contested; the “trial-type hearing” requirement of the DCAPA must itself be satisfied. Here, the statutory definition simply does not fit.
Because this case is not “contested,” direct review of the agency’s action in this court is unavailable. Nevertheless, any party aggrieved by an agency decision may bring a suit for equitable or declaratory relief in Superior Court under D.C.Code 1981, § 11-921. Capitol Hill Restoration Society, supra at 188; American University Park Citizens Association v. Burka, D.C. App., 400 A.2d 737, 742-43 (1979); Citizens Association of Georgetown v. Zoning Commission, D.C.App., 392 A.2d 1027, 1029 n. 3 (1978) (en banc); Money v. Cullinane, D.C. App., 392 A.2d 998, 1000 n. 2 (1978). Accordingly, plaintiffs’ complaint for declaratory judgment was properly brought in Superior Court. This court therefore has appellate jurisdiction to review the trial court’s rulings under D.C.Code 1981, § 11-721.
II. Standing
I disagree with the agency’s claim that appellants lack standing to bring this suit. The ANC is the organization designated by statute as the official conduit for public participation in government decisionmak-ing. To effectuate this goal, the ANC has been granted a statutory right to notice before certain significant decisions are made, so that the ANC can inform the agency of the views of the community. The agency must then accord “great weight” to these views in making its decision. D.C.Code 1981, § l-261(d). If an agency violates the ANC’s statutory right to notice, the neighborhood residents are thereby injured by the ANC’s inability to present their views effectively. Accordingly, this court held in Kopff v. District of Columbia Alcoholic Beverage Control Board, D.C.App., 381 A.2d 1372, 1377 (1977), that “any injury to the rights of residents to advise their government is clearly within the zone of interests” protected by the ANC act.
*127More broadly, the ANC scheme envisions that the organization will function as an agency “watchdog”; part of the ANC’s purpose is to oversee the entire decisionmaking process and ensure that community views are considered. Any arbitrary and capricious decision affecting a legitimate ANC concern inherently injures the rights of residents to advise their government. See Kopff, supra at 1377. In order to redress such an injury, the residents have standing to challenge the arbitrariness of the agency’s decision and the agency’s failure to notify the ANC.
The agency contends that appellants lack standing because they are not entitled to notice of the agency’s action under the ANC Act. This argument confuses the concept of standing with the merits of the case. The question of whether the ANC is entitled to notice is precisely the central issue we must decide in this case. The answer to that question will determine whether the appellants win or lose the lawsuit, not whether they have standing to bring it. As the Supreme Court has explained,
[Wjhen a plaintiff’s standing is brought into issue the relevant inquiry is whether, assuming justiciability of the claim, the plaintiff has shown an injury to himself that is likely to be redressed by a favorable decision. [T]he constitutional standing requirement under [the federal APA consists of] allegations which, if true, would establish that the plaintiff had been injured in fact by the action he sought to have reviewed. [Simon v. Eastern Kentucky Welfare Rights Organization, 426 U.S. 26, 38-39, 96 S.Ct. 1917, 1924, 48 L.Ed.2d 450 (1976) (emphasis added).]
See also Davis v. Passman, 442 U.S. 228, 239-40 n. 18, 99 S.Ct. 2264, 2274 n. 18, 60 L.Ed.2d 846 (1979); Association of Data Processing Service Organizations, Inc. v. Camp, 397 U.S. 150, 153, 156, 90 S.Ct. 827, 831, 25 L.Ed.2d 184 (1970). This language helps to emphasize the point that appellants’ injury for purposes of standing is not to be measured by the merits of their claim. In other words, the appellants are not required to prove their entire case just to get in the courthouse door. Rather, we must ask, if we decide in their favor, would their injury be redressed? In this case, the answer is yes.1
III. The ANC’s Statutory Right to Notice
The central issue in this case is whether the ANC was entitled by statute to 30 days’ written notice. The Advisory Neighborhood Commission Act requires such notice in two cases: (1) when the agency engages in rulemaking, D.C.Code 1981, § l-261(a),2 *128and (2) “before the formulation of any final policy decision or guideline with respect to ... licenses, or permits .... ” Id. § 1-261(c)(1) (emphasis added).3 In addition, the Home Rule Act requires that the agency’s action be “of significance to neighborhood planning and development.” Id. § 1-171(d). I will address each of these elements in turn.
A. Rulemaking
I agree with the trial court that the agency has not engaged in rulemaking. The DCAPA defines “rulemaking” as the process of formulating “a statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or to describe the organization, procedure, or practice requirements of... any agency.” Id. § 1-1502(6), (7).
Appellants insist that the broad public impact of the agency’s action indicates its legislative nature. They compare the award of these exclusive rights to a decision to close a street, which we have held to be an exercise of legislative authority. See Chevy Chase Citizens Association, supra at 316-17. But a street-closing is vastly different from the agency action at issue here; it is a “policy decision directed toward the general public.” Id. at 317. Here, by contrast, although the agency’s action may ultimately have a broad public impact, the decision itself was “directed at the rights of specific individuals,” id. at 315, quoting Citizens Association of Georgetown v. Washington, D.C.App., 291 A.2d 699, 704 (1972); the agency granted exclusive privileges to two companies to submit development proposals. The award of these exclusive rights is not generalized enough to be characterized as rulemaking. Accordingly, the ANC was not entitled to notice under § l-261(a).
B. Final Policy Decision
Appellants contend that the ANC was entitled to notice because the agency’s action falls within D.C.Code 1981, § 1-261(c)(1). In order to trigger the notice requirement of this subsection, the agency action must be a final policy decision, and it must relate to one of the items in the subsequent list (licenses, permits, etc.). See note 3 supra. In addition, the decision must be “of significance to neighborhood planning and development.” Id. § l-251(d); Kopff, supra at 1381. The first of the two criteria may be further subdivided into the questions of whether the action is a “policy decision” and whether it is “final.” For the reasons discussed hereafter, I conclude that each of these elements has been satisfied and that the ANC was therefore entitled to notice before the agency awarded the exclusive rights.
1. License or Permit
Appellees argue that the “exclusive right” agreements are not licenses or permits because they do not allow the developers to engage in conduct that would otherwise be unlawful, as is true, for example, of liquor licenses. I disagree.
A permit or license empowers the grantee to perform some act that would not be allowed in the absence of such authority. *129The DCAPA itself defines the term “license” to include “any permit, ... approval, ... or other form of permission granted by ... any agency.” D.C.Code 1981, § 1-1502(12). There is nothing in the statute restricting such “approval” or “permission” to conduct that would otherwise be unlawful.
Appellees point out that, theoretically, a developer would not be prevented from preparing a plan at its own expense, even without an exclusive right. But because these rights are exclusive, the agency is precluded by its own agreement from accepting or considering any other proposal. The valuable privilege at issue here, the right granted by the agency, is not the right to prepare a proposal, but rather the right to submit that proposal to the agency without competition from other developers. Accordingly, the exclusive rights bestowed by the agency here are properly characterized as licenses or permits within the meaning of § l-261(c)(l).
2. Policy Decision
Although this was not a contested case, the RLA’s action was nonetheless adjudicative, as opposed to legislative (see Part I supra) since it was based on particular information (adjudicative facts), and was directed at the rights of specific parties. See Schneider, supra at 326. This court held in Kopff, supra, that the term “policy decision or guideline” encompasses more than merely legislative-type actions; it may include adjudicative situations as well.4 Kopff, supra at 1380-81. Thus the award of an exclusive right to submit a development proposal may constitute a “policy decision”, even though it was adjudicative in nature.
Keeping in mind this interpretation of the statute, I conclude that the agency’s award of exclusive rights was a “policy decision” relating to a license or permit, within the meaning of § l-261(c)(l). Most of the specific agency activities listed in § l-261(c)(l) involve “discrete, local issues”; they are seldom “the subjects of general policy-making.” Kopff, supra at 1381. See note 3 supra. If the term “policy decision” were limited to matters of broad, general policy, it would be difficult to imagine an adjudicatory action relating to a license or permit that would ever involve a “policy decision.”5 Subsection (c) would be rendered meaningless by such an interpretation because the two categories “policy decision” and “license or permit” would be mutually exclusive. Moreover, this court held in Kopff, supra at 1380-81, that issuance of a liquor license was a “policy decision” within the meaning of the Act. It cannot be persuasively argued that awarding an exclusive right to submit a development proposal for a parcel of downtown property is less a “policy decision” than the award of a liquor license.
3. Finality
The agency argues that its action was not final because it had made no commitment to lease or sell the property to the developers it had selected; it had only completed the first step in the land disposition process. This argument misperceives the nature of the agency action at issue here, by failing to recognize the distinction between the ultimate disposition of the parcels, on the one hand, and the agency’s decision as to who will be awarded the exclusive development rights, on the other hand. It is only the latter decision, the award of the license or permit, that is being contested here. And that decision is clearly final for all practical purposes. Like most licenses or permits, these rights may be temporary or subject to revocation. But that does not alter the finality of their issuance. Were the court to conclude that these rights are not final, as does Judge Nebeker, licenses and permits as a class would rarely, if ever, qualify as “final.” The practical effect of such a construction would be to render su*130perfluous the terms “licenses” and “permits” in the statute. See 2A C.D. Sands, Statutes and Statutory Construction § 46.06 (4th ed. 1973).6 Thus the agency’s award of exclusive development rights was “final” within the meaning of § l-261(c)(l).
4. “Significance to Neighborhood Planning and Development’
The “significance” threshold is prescribed by § 738(d) of the Home Rule Act, D.C. Code 1981, § 1 — 251(d), which provides:
(d) In the manner provided by act of the Council, in addition to any other notice required by law, timely notice shall be given to each advisory neighborhood commission of requested or proposed zoning changes, variances, public improvements, licenses, or permits of significance to neighborhood planning and development within its neighborhood commission area for its review, comment, and recommendation. [Emphasis added.]
This court first construed the statutory term “significance” in the Kopff case, in which we held that, at a minimum, all government actions for which a prior hearing is required by law are sufficiently significant to require written notice to the affected ANC. Kopff, supra at 1381. In other words, every contested case will automatically be significant enough to trigger the notice requirement, as long as the terms of § l-261(c)(l) are satisfied. See D.C. Code 1981, § 1-1502(8).
But Kopff also recognized that the term “of significance” encompasses more than just “contested cases”:
We do not imply that all administrative agency matters for which hearings are not required are automatically excluded from the realm of significance. While it is difficult to conceive of many matters, not requiring a hearing, which would be sufficiently significant to neighborhood planning and development to warrant special notice to an ANC, we do not wish categorically to exclude all such cases. [Id. at 1381.]
See also Shiflett v. District of Columbia Board of Appeals and Review, D.C.App., 431 A.2d 9, 10 (1981). As discussed above, this case is not “contested.” I believe, however, that it falls within that narrow category left open in Kopff. Even though no prior hearing is required, the award of an exclusive right to submit a development proposal is a matter “of significance to neighborhood planning and development,” because it may have a tremendous impact on the type of development that occurs in these areas of downtown Washington. The award of an exclusive right creates a strong impetus toward the ultimate approval of that developer’s plan. Rejection of a plan would lead to time-consuming delays, which the agency may have an economic interest in avoiding. Thus, without an opportunity to submit its views at the exclusive rights stage, the ANC may be deprived of any meaningful participation later. This risk emphasizes the “significance” of the initial selection of the developer.
Because the “significance” threshold of the Home Rule Act is satisfied, in addition to the terms of the ANC Act (Part III *131(B)(l)-(3) supra), I conclude that the ANC was entitled to notice pursuant to D.C.Code 1981, § 1 — 261(b).7
C. Timing of the Notice
There is also a question as to the way in which the 30-day period should be measured. I construe the ANC Act to require notice, in this case, 30 days before the first public meeting, rather than 30 days before the actual decision is made.
The statute provides that the ANC must be notified 30 days before the “formulation” of any final policy decision that is within the statute. D.C.Code 1981, § 1-261(b), (c)(1). When a hearing is required by statute or by the Constitution, it is easy to determine when that “formulation” process begins — it clearly commences with the hearing, and thus the ANC is entitled to notice 30 days before the hearing is held. This case is more difficult because there is no hearing required before the agency selects a developer to receive an exclusive right. Nevertheless, the agency apparently considered its decision important enough to warrant a series of “public meetings,” and it published notice of the first of those meetings (albeit not 30 days’ notice), in two newspapers. It is my view, therefore, that where the agency invites the public at large to participate in its proceedings, in this fashion, it must provide special notice to the ANC pursuant to D.C.Code 1981, § 1-261(b).8 Thus the appropriate notice period in this case would have been 30 days before the first public meeting.
In sum, the affected ANC was entitled to 30 days’ written notice before RLA began the process of selecting developers for exclusive rights, because the agency’s action was a final policy decision relating to a license or permit, D.C.Code 1981, § 1— 261(c)(1), and it was “of significance to neighborhood planning and development,” id. §'l-251(d). Because the agency repeatedly ignored the ANC’s requests to be kept informed of the proceedings, the ANC was thwarted in its efforts to present the community’s views. The agency thus rendered itself unable to accord “great weight” to the ANC’s views, as required by § 1— 261(d).9 Accordingly, I dissent.
. Plaintiffs’ standing to contest lack of notice is not defeated by actual notice here, for although a few ANC members were present at the Sept. 26, Oct. 24, and Nov. 14, 1978 meetings, none attended the first two public meetings on June 14 and July 11. At any rate, actual notice to a few of the ANC members would not negate the injury to the rights of other residents to advise their government. Kopff, supra at 1377; see Dupont Circle Citizens Ass’n v. District of Columbia Bd. of Zoning Adjustment, D.C.App., 403 A.2d 314, 315-18 (1979) (citizens’ association had standing to assert alleged failure to notify other persons of proposed special exception, despite actual notice to some members).
Only five of the six plaintiffs named in the complaint have standing. The first four were, at the time, elected members of ANC 2C, including the Chairman. The sixth plaintiff resides within the boundaries of ANC 2C. The fifth plaintiff, Helen C. Butler, however, does not reside within ANC 2C. The plaintiffs concede this in their complaint, but they do not identify any other interest or injury that might suffice to confer standing upon this plaintiff. Nor do they allege that any other ANC, besides ANC 2C, was entitled to notice. Since Helen C. Butler does not reside within the affected ANC, she has not been injured by the agency’s action, and thus she has no standing. With respect to the remaining five plaintiffs, however, Kopff establishes that the standing requirement is met.
. Section l-261(a) provides:
(a) Each advisory neighborhood commission (hereinafter in §§ 1-261 to 1-269 the “Commission”) may advise the Council of the District of Columbia, the Mayor and each executive agency and all independent agencies, boards and commissions of the government of the District of Columbia with respect to all proposed matters of District government policy including decisions regarding planning, streets, recreation, social services *128programs, education, health, safety and sanitation which affect that Commission area. For the purposes of this act, proposed actions of District government policy shall be the same as those for which prior notice of proposed rule-making is required pursuant to § l-1505(a) or as pertains to the Council of the District of Columbia. [Emphasis added.]
. Section l-261(c)(l) provides in part:
In addition to those notices required in subsection (a) of this section, each agency, board and commission shall, before the award of any grant funds to a citizen organization or group, or before the formulation of any ñnal policy decision or guideline with respect to grant applications, comprehensive plans, requested or proposed zoning changes, variances, public improvements, licenses, or permits affecting said commission area, the District budget and city goals, and priorities, proposed changes in District government service delivery and the opening of any proposed facility systems, provide to each affected Commission notice of the proposed action as required by subsection (b) of this section. Each District of Columbia agency shall maintain a record of such notices sent to each Commission. [Emphasis added.]
. The Kopff opinion did not use the term “contested case,” but referred instead to a broader group of agency adjudicative actions, which implicitly includes the agency action here.
. An agency’s establishment of criteria or general policies relating to the award of licenses or permits would be covered by § l-261(a), requiring notice of agency rulemaking.
. Appellants argue that the award of exclusive rights is a “final” policy decision because it “impose[s] an obligation, denpes] a right[,] or fix[es] some legal relationship as a consummation of the administrative process.” Washington Urban League, Inc. v. Public Service Comm’n, D.C.App., 295 A.2d 906, 908 (1972), quoting Chicago & So. Air Lines, Inc. v. Waterman S.S. Corp., 333 U.S. 103, 113, 68 5.Ct. 431, 437, 92 L.Ed. 568 (1948); see also Environmental Defense Fund, Inc. v. Ruckelshaus, 142 U.S.App.D.C. 74, 79-80 n. 8, 439 F.2d 584, 589-90 n. 8 (1971). Appellants also argue that an agency’s decision is “final” whenever it awards an exclusive privilege to one selected from among a group of competing applicants, citing Ashbacker Radio Corp. v. FCC, 326 U.S. 327, 333, 66 S.Ct. 148, 151, 90 L.Ed. 108 (1945) (award of radio license following a hearing required by federal statute). Although I agree with appellants’ conclusion that the agency’s decision was final, I reject their suggested rationale. The cases cited by appellants all involve the issue of finality for purposes of judicial review under the federal APA, which is not, nor should it be, coextensive with the definition of “final” under § l-261(c)(l). See Civil Aeronautics Board v. Delta Air Lines, 367 U.S. 316, 326-28, 81 S.Ct. 1611, 1619-20, 6 L.Ed.2d 869 (1961) (finality for purposes of judicial review is not synonymous with finality for purposes of administrative action).
. I disagree with the agency’s argument that requiring notice to the ANC would be inconsistent with the Supreme Court’s holding in Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc., 435 U.S. 519, 98 S.Ct. 1197, 55 L.Ed.2d 460 (1978). Vermont Yankee simply holds that federal courts may not impose upon agencies procedural requirements above and beyond those prescribed by statute. Id at 524, 545-48, 98 S.Ct. at 1202, 1212-1214. Enforcing the notice requirement in the present case would be in complete harmony with this principle.
The ANC notice requirement is statutory. Thus the danger that Vermont Yankee sought to guard against, that of excessive judicial interference in the administrative process, id at 548, 98 S.Ct. at 1213-14, is absent here, for it was the legislature that designed the procedural devices that this court should enforce.
. Under the circumstances, the requirement of notice to the ANC would not impose a significant additional burden on the agency, since the agency already undertook to notify the newspapers. Cf. Kopff, supra at 1381.
.In those cases in which we have required explicit findings of fact and conclusions of law by administrative agencies, under the DCAPA, D.C.Code 1981, § l-1509(e), the organic act or regulations administered by the agency contain standards by which the agency must make its decision. See generally Spevak v. District of Columbia Alcoholic Beverage Control Bd., D.C. App., 407 A.2d 549, 552-53 (1979); Citizens Ass’n of Georgetown, Inc. v. District of Columbia Zoning Comm’n, D.C.App., 402 A.2d 36, 42, 47 (1979). Here, the organic act and the regulations contain no such standards. See D.C. Code 1981, § 5-806; 28 DCRR pt. 13. Nor does the DCAPA apply, since this is not a contested case. See Part I, supra. Nevertheless, the ANC statute requires that the views of the ANC be given “great weight” by the agency in making its decision. D.C.Code 1981, § 1-261(d); see Kopff, supra at 1384. While I find it unnecessary to address this issue, it is difficult to see how this court could properly perform its review function and determine whether the agency has accorded the appropriate deference to the ANC’s views, unless the agency states the reasons for its decision.