Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1928-12-07

fark ana RAINING commission are at
tackled in a suit filed in the Circuit Court
here ,last Saturday by Mrs. Cotilde NJ.
Cunningham, who conducts a private
school at IS East Lenox street. Chevy
Chase, Md. The suit is directed against
the County Commissioners individually
and as a board the planning commission
and its members and other officials and
property owners,
Notice was served on Mrs. Cunningham
early In October by Thomas Hampton, Sec
rotary treasurer Of the park and planning
commission that in conducting her school
she was violating zoning ordinance en-
acted by the county commissioners acting
as district council. and that she must cease
TO operate the school on or before today.
The notice informed her that the premises.
Is East LenOx street. are in zone desie-
mated as "a residence zone" A section
Of the ordinance provides that mo building
or premises shall be used as a private in
stitution Of an educational nature except
upon the approval of the commission and
with the written consent Of the owners
Of rs per cent. OF the property within 200
feet Of the proposed establishment
Mrs. Cunningham states in her petition
that after receiving the commissions notice
she sought to obtain the consent Of the
requisite percentage Of property owners
and succeeded in getting the signature Of
every one on both sides of East Lenox
street-seven. She could not get the con-
sent Of two householders on Bfookeville
road, one of whom. it is claimed. may not
be within 200 feet Of the adjustment
depending upon the points from which
measurements are made.
so il the measurement of 200 feet from
the establishment" is to be taken from
the house. there are only three other houses
on the east or north within 200 feet"
states the petition. but IL the measure
ment is to be taken from the outer lines
or boundaries of the land there will be
more lands and more houses Of other owners
within the 200-foot limit"
The petitioner states she was unable to
obtain the written consent Of the owners
of two houses on Melrose street whose lands
on their back lines abut on the back lines
Of IS East Lenox street. and similar stu
alton prevails as to these as others refererd
to; that is. If the 200 feet is to be meas
ured from house TO house il would take an
actual survey to make certain that they
are within 200 feet of the establishment
The petitioner AYERS that the zonine
ordinance is not only void for uncertainty.
but is unconstitutional and void under
article 20 Of the Declaration Of Rights OF
the Constitution Of Maryland
1t is further held that enforcement of
the zoning ordinance would destroy the
property in the lease Of the petitioner and
the property in her profession Of teaching
and conducting her school, which is her
only means Of livelihood. without compen-
sation. The petitioner AYERS that the zon-
ing ordinance is unconstitutional and void
under the Constitution Of Maryland be-
cause 1t fails to provide any proper stand
ards or rules by which the discretion in its
application can be exercised. guided and
limited in SO far as it appears to the use
provisions of the ordinance; that the
statute and zoning ordinance vesting rs
per cent. OF the owners Of property within
200 feet Of the "esta blishment" the right
and power to control its use. is void and con-
trary to due process and equal protection oil
the law clauses Of the Fourteenth Amend
ment Of the Constitution OF the United
States, because it gives to part Of the prop
erty owners within the area Of 200 feet the
right to determine the extent of the use
that other owners may make Of their prop.
erty, and against the restriction they are
impotent.
The petition states also that the peti
toner has also been notified by the Chevy
Chase Citizens Committee Of Section
and part Of Section 1. Chevy Chase. Md. e
cease operation Of the school and threat
ened with criminal prosecutions and civi
suits.
For pursuing her profession Of teache
for one year at IS East Lenox street. tn
petitioner could, under the law. be fine,
$36,500 and imprisoned for 365 months
The petitioner states that she leased tn
Lenox street property September is 1925
for two years, and declares that enforce
ment OF the ordinance would utterly destro
her means of livelihood and injure he
irreparaby. She asks the court to issu
a temporary injunction. pending hearing
on application. restraining and enjoininI
the County Commissioners, the Maryland
National Capital Park and Planning Com
mission. the Citizens Committee Of Sec
ton 2 and part Of Section /, Chevy Chase
Nd, and William P. Meredith and DR.. WI
D. Tewksburry. or representatives of a
owners Of property within the Maryland
Washington metropolitan district. from
institutine criminal proceedings and frou
interfering in any way with the petitioner
pursuit Of her profession Of teaching an
conducting her school. and to issue fina
and perpetual decree after hearing.
Judge Robert b. Peter has signed a
order requiring the respondents to sho,
cause. December 7th. 1928. at 10 o'clocl
A. NJ. why a temporary injunction shout
not be issued. Mrs. Cunningham is rep
resented by Attorneys Claudian B. NorthroE
Of Washington. Talbot g. Prettyman. o
Rockville, and Randolph Barton. Jr.. o
Baltimore.