Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-01-31
K STREET zON|NG
APPEAL DISMISSED
Court Finds Owners Failed
to Show Commercial
Ban Is Arbitrary.

Justice Stafford in equity division
Of District Supreme Court today dis
missed petition of owners of two
properties on K street just west of Six
tenth street for a mandatory injunc-
ton to compel the zoning Commission
to change the classification of the areas
from residential to first commercial use.
The decision was a victory for the
coming body in its action in restricting
properties along Sixteenth street and
within 100 feet Of the curb lines of the
street on either side to residential use,
decision which has caused intermit-
tent protests. -
The ruling Of Justice Stafford today
was in effect that the plaintiffs in the
case had failed to make prima facie
showing of an unreasonable decision on
the part of the Zoning Commission in
excluding commercial enterprises from
K street properties falling within 100
feet of Sixteenth street.
The court held that the plaintiffs in
their bill demanding rezoning of their
which constituted conclusions rather
than a mere statement of facts.
The suit was brought by Henrietta
B. Bugher Frederick Mclean Bugher
and Alvin Untermyer, trustees under
the will of Frederick H. Bugher, and H.
Rozier Dulany, jr.; Kate w. Dulany and
F. Carrigan Weems, owners Of the prop
critics.
Refusal Called Arbitrary.
A part of these K street properties
falls within the 10O-foot restricting line
west of Sixteenth street, set up by the
commission to protect the residential
coming on Sixteenth street. This line
runs through one of the two houses af-
fected, thus leaving this property half
In the residential classification and half
in the commercial use zone, which ex-
tends to the west on K street.
The claim was made by the plaintiffs
that the action of the commission in
refusing change in the coming to first
commercial area was arbitrary and un-
reasonable and amounted, in effect, to
deprivation of the rights of the plain
tiffs.
The court was told that the owners
of the two properties could not use the
properties as residences in a manner to
secure adequate return. It was pointed
out that the assessments on the parcels
were $3.50 and $3.50, respectively, per
square foot, a rate higher than that
placed on adjoining commercial proper
ties to the west on K street.
Claims Lack Of Jurisdiction.
The Government, in answering the
petition, commended that the court lack
ed jurisdiction in the matter since Con-
gresS had given the commission power
to zone properties in the District. Mr.
Keech contended that the coming was
indispensable to the general plan Of the
coming of Sixteenth street.
At the hearing today the plaintiffs
commended that the coming in no way
promoted the general health, morals,
safety or public welfare, and pointed
out that K street from Ninth to Twen-
ty-third streets was zoned for CONNER
cial use, except in the case of a church
property and the properties within 100
feet of either side of Sixteenth street.
Justice Stafford decided, however, that
the case was one affecting Sixteenth
street coming rather than K street. The
question of the constitutionality of
coming was not raised.