Evening star., 1928-12-07
SUBURBAN zON|NG
TEST HEARING ON
Commission and County
Deny Mrs. Cunningham's
InvaIidity Charges.
Special Dispatch to The Star.

EpeClHl DlSpatCH 10 Inc StdT.
ROCKVILLE, Md. December T.
Hearings were begun before Judge Rob-
st B. Peter in Circuit Court here to-
.aT in the suit of Mrs. Clotilde NJ
Cunningham of Chevy Chase to enioin
the Maryland National Capital Park
and Planning Commission, the county
commissioners as a board of appeals,
9le citizens committee of section of
Chevy Chase, officers and employees of
each, citizens at large as represented by
William P. Meredith and Dr. William
D. TewkesbE...' from enforcing an
ordinance against her operation of a
school at l3 East Lenox street. Chevy
Chase. The courthouse was crowded.
The suit charges that the act of the
last Legislature creating the commits
a1on and providing for the zoning of
the Capital suburbs is invalid. that the
zoning ordinance of the county is in
valid and the penalties of sl00 or 80
days in jail could be applied for each
day the school is operated. which would
be unreasonable and illegal.
Two Answers Filed.
The planning commission and the
county officials filed their answers, deny
ing invahdity of the State law and the
county ordinance. and preparations
were made for an answer, to be filed
in behalf of the citizens.
The commission contends that the
District court has no jurisdiction IN the
case. in view of the fact that Mrs. Cum
ningham had not first availed herself
of the provisions of the law granting
her a hearing before the Board of APP
peals.
The first argument was made by At
tornev Claudian B. Northrop of Wash
ington for Mrs Cunningham. who is
also represented by Attorneys Talbot
& Prettyman Of Rockville and Joseph
Addison of Baltimore. The principal of
the school was notified, according to
Mrs. CunningfS ms petition. that con-
tinuance of I .e institution would be
in violation { the zoning ordinance
and was in solation of the citizens
committee o.1inanceS. Mrs. Cunning
ham had leased the property for two
years, had sought the consent of the
commission and had obtained the con-
sent of property owners up to the
point where the question of what was
meant b. within 200 feet of the in
Stitution" gave rise to confusion.
Eords of Ordinance.
The OF sinance under which the pen
atty of 800 fine or 80 days imprison-
ment is provided reads: mo building
or premises shall be used as a private
institution of education without per-
mission of the commission and sigma
lures Of rs per cent of the property
owners within 200 feet of the proposed
establishment"
Mrs. Cunningham leased the prop
erty only few months ago and spent
considerable time in quest of the sig
natures and the permission of the
Planning Commission, 1t is said. The
citizens committee of section 2, in
which the Lenox street school is To-
Gated. and certain individuals charge
that the schools operation is in viola
ton Of covenants in deeds restricting
the section for residential purposes.
Attorney j. Bond Smith represents
the Planning Commission and the
county authorities, Attorney Thomas
Dawson the citizens committee, and
the firm of Baker & Myers the citi-
zens, as represented by Mr.. Meredith
and DR.. Tewkesbury.