Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-12-23
MUST MOVE BACK TO THE LINE.
The Court In General Term Decides the
Case of Mrs. Coles House.

Judge James today delivered the opinion
the Court in General Term, deciding the litiga-
ton over the projection added by Mrs. Anna A.
Cole to her house on Thomas circle and which,
it was claimed, was extended so as to occupy
unlawfully portion of the parking or public
ground. The case was that of the United States
agt. Anna A. Cole ct al. to restrain and remove
the extension of Mrs. Coles three-story brick
residence, corner NJ street and Massachusetts
avenue. The opinion directed decree for the
United States.
The opinion saws it is unnecessary to con-
slider the power of the Commissioners to make
building regulations, that having been decided
in the case of United States rel. Straussburger
agt. the Commissioners.
TIE CASE IN QUESTION.
In this case it appears that upon triangular
lot having frontage of 55.6S on NJ street and
52.8 feet on Massachusetts avenue, with abase
line at the west of about Is feet and running to
point at the east abutting on Thomas circle,
it is proposed to erect a structure, only IA feet
of the outer wall of which is coincident with
the building line on Massachusetts avenue and
u feet concident with the building line Oh NJ
street. these two parts of the wall
being approximately midway of the
lines on which they respectively stand.
While there are two projections of feet each
beyond the building line on Massachusetts,
avenue, these projections having q frontage
respectively OF &c feet inches and 16 feet 6
inches, and two similar projections on the M
street front, having frontages of 20 feet and 16
feet respectively, while the apex of the triangle
is partly encircled by semi-circular wall hav-
ing radius of feet from this apex, the ends
of this semi-circular wall connecting with
the wall of the 29-foot projection on NJ street
aud OF the rs feet inches in projection on
Massachusetts avenue.
NOT LINE.
The court holds that inasmuch as no part of
the building regulations authorizes any pro-
jections except from line, so much of the
building in question as projects easterly to-
ward Thomas circle from the point formed by
the intersection of the Massachusetts avenue
and NJ street lines is obnoxious to even the
building regulations relied upon by the
defendants, and, further, that the Com
missioners, in adopting a .'regula-
ton to the effect that no projection more than
IA feet in width shall be permitted unless ap-
proved by the Engineer Commissioner" have
not promulgated fixed rule governing all
cases, but have left the matter in the discretion
OF particular officer, which was not contem-
plated by Congress, and that in fact there is
no building regulation in force touching pro-
jections having width of more than IA feet.
As the projections complained of in this case
have frontage respectively Of 16 feet inches
26 feet inches and 30 feet they none Of them
have any legal sanction.
TO TEAR DOWN THE PROJECTIONS.
As consequence Of these views the court
directed that a decree be drawn commanding
the destruction Of so much OF the building as
stands outside the lines Of Mrs. Coles private
property.