Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1929-10-18
Zon,mg Test Seen.

Prospects Of a test as to whether the
Montgomery County metropolitan district
coming law can be used odeny property
owner the right to use his land for the
erection Of building. which. il it goes
forward. will block the opening of a resi-.
Dental street to main artery looms before
the Maryland National Capital Park and
Planning Commission.
The test will come on the application Of
W. G. Councilman to construct q brick
building to be used as a feed store on the
east side Of Wisconsin Avenue. 10 Bethesda,
south Of the railroad bridge. The erection
Of the proposed building would preclude
the future opening Of Elm street. now lined
with fine residences. according to Irving C.
Root. chief engineer Of the planning CON-
mission.
The lot owned by Mr.. Counselman. &C.
cordins to Mr.. Root. separates the present
blind end Of Elm street from Wisconsin
Avenue. The proposed building would be
right in the bed Of the street II 1t is opened.
There has been filed with the commission
q petition signed by a score or more of
property owners on Elm street seeking to
prevent the permit for the construction Of
the building.
However. before the permit for the erec-
ton Of the building can be issued. there
must be an application for a rezoning
Of the lot from its present designation as
residential. Inthe meantime. the planning
commissioners from Montgomery County
have had the problem presented to them
for consideration. with instructions to report
at the meeting Of the planning commits
sion next week.
A denial Of the rezoning petition and
refusal TO grant the permit would in effect
deny the owner the full use Of his land. il
was pointed out. and this likely would be
followed by court action. and the Maryland
courts have ruled that zonine must be rea-
sonable. Wisconsin Avenue along this
point has developed into commercial and
Industrial section.
The only answer to the matter would be
for the county to acquire the land for the
street. But here the usual bulwark is hit
no funds. 1t 10 roughly estimated that it
would take from $4,000 to $4,000 to
acquire the necessary right Of way for the
street. II can be condemned under the
park and planning statute. but there can
be no condemnation ordered or pressed
unless there 10 sufficient money ia the
county treasury to pay for the land when
the condemnation jury fixes the price. so
would be Ineffective. it was
pointed out.
OF course. the property owners who are
strongly opposing the erection Of the build
Ing which would preclude the residence
owners from getting q direct outlet to
Wisconsin Avenue could. IL they desired.
il was said. provide the money by contri-
buttons. but 1t Is Questioned as to whether
they would want to do this because of the |
heavy expense involved.
Whatever may be the decision at next |
weeks meeting. an interesting problem
will be provided. and IL is doubted now
whether the commission would undertake
to deny the owner the use Of his property.
II it was denied It would be years before
the street could be opened. and it is ques-
toned whether the courts would permit
this action should 1t be brought to their
attention