Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-03-29
THE KENEsAW FLATS
COMMISSIONERS inn BETWEEN
TWO FIRES.
Injunction and Mandamus Proceedings
EIS ga
Already Begun-Refusal Of Permit
on Ground of Public Policy.

The District "Reminiscences are betwee
two fires in CORRECTION with the proposed
erection of the Kenesaw apartment house
on the triangle at 16tln street and Kenesaw
| avenue. Mr.. Georges Armes, ION behalf. OF
himself and other property owners in the
vicinity of the triangle. has petitioned the
District Supreme Court for AN injunction
restraining the Commissioners from issuing
| a permit for the erection of the Kenesaw
apartment house on the triangle, and the
apartment house company yesterday asked
the court for a writ of mandamus COM
pelling the inspector of buildings. an official
under the control Of the Commissioners, to
issue the permit for, ther building.
Ihe mandamusl proceedings flied against
the inspector of buildings yesterday con-
stituted the occasions for a board session of
lhe commissioners this morning. Building
inspector Ashford and Acting CORPORATE
counsel E. III. Thomas were also present t
The board meeting. At the close of the sses-
SION IL was stated that Mr.. Thomas has
peen directed to oppose the application for
mandamus. 1t will be argued on behalf of
Mr. ashford that he is under the control of
the commissioners; and in refusing to issue
lne permit for the election of the apart
ment house he is merely carrying out the
orders of the Commissioners
On Ground OF, Public Policy.
1t VIII also be set forth on behalf of the
the building inspector to refuse the permit
en- the ground of public policy, in that it
is. proposed to maintain 10th street as a
great boulevard and also in view of the
desife OF Congress to purchase the triangle
proposed as a site for the apartment house
LOT use by the government as public park
me acting corporation counsel will also
prlng Iorth Other points i'm support of the
Districts side of thet controversy but the
nature of these points Is not disclosed.
Ihe apartment house company originally
nied plans for an immense apartment house
on o., the triangle, showing projections on pub
Tic space. The Commissioners were notified
or the court proceedings to restrain their
issuing of the permit, and Senator CALM
ger also wrote to the local authorities urg-
ing them to refuse the permit, stating that
1t Is expected that Congress at the next
session will provide for the purchase of the
triangle for use as "a public park The
Commissioners decided to refuse the permit,
and also stated that they would decline to
this building.
In order to secure permits for projections
OF public space the unanimous approval of
the Secretary of Way and of all three of
the District Commissioners is necessary
II any one of these officials disapproves,
the projections, under the law, cannot he
granted.
Now Within Building Line. =
: The apartment shouse projectors then
withdrew the original plans, SO it is said
and eliminated all prQJeetiofsA on public
space, placing them. Within the building
line, and then flied duplication for a per-
nit to erect the apartment house. All of
the building operations are to be confined
to the property cpf rthes apartment house
company. according to the revised plans.
1t is also believsd thatgthe company has
complied with thy law governing the case;
The Commissioners upder the revised
OF the building by sobjecting to the pro-.
5ections, theye refused the permit on
the ground of public policy.
1t is intimated at the District building
that in addition to the desire to maintain
10th street as a boulevard number of
property ownersln the1 vicinity object to
the erection of a$1arge<aprtment house on
the triangle. betause>M will overshadow
their smaller Essios1SeA Al AZ /
The rtswilf"Be sfskedS to determine the
question to whether the Commission
sers have the right, on the ground of public
policy, to prevent property owner from
using his own property as he desires when
no law is violated.