Evening star., 1927-10-02
MILLIONS AT STAKE
IN COURT RULING
Rights of ID Special. Taxing
Areas Near D. c. Hang
in Balance.
CONTINUED from First Page.)

regulations, and mas a permit system
which requires that a prospective
builder must have his plans approved
bv the village before he may proceed,
and these are designed to prevent
too large a portion of the lot being
used, to ascertain that the design is
structurally sound, and also to pre-.
vent the proposed structures from
being a fire hazard. all matters well
within the so-called police power
which a government may exercise TO
protect the community, and in which
coming finds its authority. The
builder, in face of the law and de-
sires of the community, is continuing
his construction.
Seeing no other way out, the com.
mittee filed q suit in the Rockville
court, seeking an injunction to stay
the construction until a hearing could
be given on the merits of the case
and the legality of the regulations.
Judge Peter heard the contestants in
his chamber. and still has the case
under advisement.
When asked by a correspondent of
The Star when a decision might be
handed down on the case, Justice
Peter said that he hoped that the par
ties would come to an amicable ad-
justment themselves, and that 1t
would not be necessary to hand down
a formal decision. He did say, how
ever, that he had admonished the
builder for not getting his plans ap-
proved by the committee, and for
not obtaining a town permit.
Committee VIII Appeal.
But the citizens committee Is not
satisfied with this, they say, and will
Insist on a decision on the injunction,
and If 1t is adverse they will carry
the matter to the Court Of Appeals of
Maryland. In a conversation with
Judge Peter, the latter told the writer
that there was no way to prevent a
man from putting house of any type
on his land, and he went over a num-
ber of decisions, Of the Maryland high
court, some of the later decisions in
dicating that that tribunal was shifting
to the newer order of things where
restrictions were approved under the
so-called police power Of a govern.
ment, involving the public health,
safety and morals.
One of the points on which the case
will turn, it is believed, is the ques.
tion as to the right Of the citizens
governing body to require builders to
submit their plans and specifications
for prospective buildings, and to OBJ
tain a building permit from the viii
lage before one is obtained from the
county. In this question lies the mat
ter OF local government which
was delegated to these communities
by the Legislature, the Alta Vista COM
munity getting it's authority from the
1922 Legislature, which specifically
gave the committee authority to pro-
mulgate building regulations.
Tho 1nffar hax loon r.ada anA
published, and it is these that the
builder has violated in putting up his
building. AS a matter of fact, it is
contended before a permit is issued
by the county. clerk at Rockville for
q building venture in any Of the spe-
cial taxing areas, he should ascertain
that a permit has been issued by the
governing committee of citizens be-
cause poorly Informed builders might
consider the county permit enough.
MiIIions Involved i'm Case.
Millions of dollars in property
value, Az shown by the last assess
ment, are involved in the instant
case, it was pointed out by those IA.
miliar with the situation, as, it was
added, that If the special taxing area
governing bodies have not the au.
thority which the Legislature intended
to delegate to them, there is no way
that the complexion of the community
as residential area can be protected.
and an influx Of undesirable build
ings in a section Of fine residences
will soon affect the value adversely,
which, in turn, will reduce the taxes.
The metropolitan area of Mont
gomery County was established for
the purpose Of planning it as q great
residential community. to be built up
in conformity with the plans for the
Identification Of the National Capital
to tie It. up with the Capital
esthetically, il not officially.
While it is true that one Of the pro.
visions Of the Alta Vista building
regulations provides that no home
shall be constructed, nor permit is.
sued for the construction OF a resi-
Dental building. costing less than
$4,000, nevertheless it was pointed out
that, even IL this is illegal in itself,
- the other regulations requiring sub
mission to- certain other restrictions
for the public good are legal. and. if
followed out, will force the construc-
ton Of buildings which will cost at
least $4,000, without specifically man,
ing the amount. 1t is the contention
Of the legally learned that a restric-
tion as to the cost of a building can
only be done by a subdivider Of prop.
erty putting covenants in the deeds
when the lots are sold.
Noted Decision Cited.
There is a famous case which was
decided by the United States Supreme
Court last December. which stands out
as a guide to be followed at least in
Federal jurisdictions throughout the
Union in marking the bounds in zon-
ing controversies. Some State courts
are taking 1t AZ a guide. while others
laid down principles followed therein.
even before the problem reached the
highest court Of the land on a Federal
question, that Of taking property with
out due process Of law. The case was
argued from all sides and many cities
IS full OF citations of decisions in
courts throughout the Union in up
holding coming ordinances. The Bal
timore case of Goldman VS.. Crowther
Is one Of the very few cases given
therein as opposed to the zoning, but
even since that case, as explained be-
fore, the Maryland court in later deci.
sions is showing an inclination to
gradually swerve without directly fac
ing about.
The case in the United States su.
QTCHl1 \OuI% tlidl VI tUS tIIIdkG OI
Euclid, Ohio, VS.. Amber Realty Co.
The realty company owned certain
land in the village. which Is a suburb
of Cleveland, which land lay in the di.
rect path OF industrial development
and expansion from Cleveland. The
realty company undertook to sell the
land for industrial purposes. but the
erea had been zoned residential by the
town. which resisted the efforts OF the
- a.
trial purposes.
Realty Company's Contention.
The realty company contended that