Evening star., 1924-12-01
ADJACENT OWNERS
TO GOVERN PERMIT
Court Defines Law Binding
Commissioners in Case
Involving Public Garage.

In the absence of the necessary
consents of the required number OF
property holders, the District Com
miSsioners are without Jurisdiction TO
act on an application for pubic
garage or other building, according
10 a decision of the District Court OF
Appeals rendered today by Justice
Van OrSdel in the suit brought by
Mildred NJ. Hazar q and other property
holders in the vicinity of the Dean
ract to prevent Harry A. Blessing
from erecting "A public garage on the
wss. side Of Nineteenth street be-
tween Florida and Wyoming avenues.
The District Supreme Court refused
mandatory injunction asked by the
plaintiffs against Blessing and the
Distric. Commissioners, and. through
Attorneys Henry Z. Davis and Louis
4. Dent. the property owners ap
poaled. The appellate court sets aside
the decree of dismissal.
Justice Van OrSdel points out that
the Commissioners get no authority
or jurisdiction to act on such appli-
cation until the necessary and re-
uuired consents have been obtained,
and as a preliminary step in con-
Sidering the application they are re-
Gutred to perform the mere minis
'ertal duty of ascertaining whether
or not the requisite number Of valid
consents have been filed with the appli-
cation, which amounts only TO the
clerical task of checking the titles
and computing the area OF the prop
erty involved in the consents.
Justice Van 0rsdel's Opinion.
This is a case says Justice Van
orsdef, where the jurisdiction of the
Commissioners does not attach until
jurisdiction Of the parties has been
obtained II is in the nature Of
proceeding IN rem affecting all the
property in the square where the
proposed garage is to be located
Until the requisite number OF prop
"rty owners are brought In through
the process prescribed. the Commits
sIoners are powerless to proceed even
with the consideration of the appii-
cation.
OF course the Commissioners have
Jurisdiction of the general subject
matter of issuing building per-
nits In this District; but the juris-
diction of the resident and OF the par
ties does not attach until the appli-
cant has filed the consents of the
requisite number of property owners
within the square where the building
IL to be erected. These consents
serve similar purpose to that of
summons to secure jurisdiction of the
quirement of the law has been COM
piled with, any action taken by the
Commissioners in the further con-
sideration of the application is mere
nullity.
Matter of Jurisdiction.
The courts will. therefore. to this
extent inquire into the question Of
jurisdiction to determine whether the
commissioners have the parties III in
terest properly before them. When
this appears, the Commissioners act
ing In their executive city may
then proceed with the determination
Of the matter at issue"
The question of the following of
the highway plans as to proposed
streets and as to square designation
is said to be of interes. % d large
number of property holders owning
unsubdivided tracts outside the old
city limits. The finding of@the Court
OF Appeals will prevent the locating
Of undesirable buildings in the neigh
borhood Of such tracts, it is stated.