Evening star., 1937-07-11
SPEED LITIGATION
AGAINST AIRPORT
Neighbors of Congressional
Field Act on Rumor of
Favor for D. c.

Aroused by rumors that the District
Airport Commission is considering
recommendation of the Congressional
Airport site as an alternative location
for an air transport terminal for
Washington, residents OF the neighbor-
hood are understood to be planning a
move to expedite pending litigation
prohibiting all flying from that area.
There now is pending in the Mary
land courts an amended bill seeking a
mandatory injunction closing Congress
sional Airport and prohibiting flying
activity of any kind from the prop
erty. The fight against Congressional
Airport has been in the courts since
September II, 1885 --
Members of the Airport Commission
refused to discuss the rumors that they
were recommending the Congressional
site in their report to Congress. This
report is expected to be revealed to-
morrow.
40 Acres Involved First.
The original bill OF complaint
against Congressional Airport WAS di-
rected against the use of 40 of the 256
acres available in the site for flying
operations.
A demurrer, filed by the defendants,
was sustained by the Rockville court
May IS. 1886. An amended bill of
complaint was filed June l6, 1886, and
demurrer to the amended bill was
f1led July 3, 1886. Since that time
the court has thrown out one point
Of the demurrer, that the Maryland
Aviation Commission should have been
named In the suit. There the action
now rests. The airport still Is in
operation, its activities including a
dying school.
The plaintiffs, seeking to close the
airport, are Mary P Bradley, Mr.
and Mrs Philander c. Johnson. R.
Maude Hodgkins, John F. wilkins,
Marion Barrow, Mr.. and Mrs. Harry
Eaton, Mr.. and Mrs Milo Coplen and
Esther M. Ochsenreiter. All are own
ers Of property adjoining the airport.
These plaintiffs, represented by At
torneys Thomas M Anderson. F. NJ
Bradley and former State Senator
6tedman Prescott of Rockville, seek
to enjoin the use of the property as
an airport on the ground that 1t Is
. nuisance and that it depreciates the
value of their property.
Defendants In Action.
Defendants named in the action are
Rosa A. Wagner, William F. Wagner,
Urban N. Wagner, Minnie L. Wagner,
Simon P. Wagner, Clarissa Wagner and
Samuel R. Guest and John Hinson.
Guest and Hinson are named as
lessees of the property and operators
OF the airport.
According to the bill of complaint,
Congressional Airport was established
In 1929 on 40 of the 259 acres in the
Wagner plot 1t was taken back from
the original lessees in 1884 because OF
the failure of the original operators Of
the airport and subsequently was
leased to Guest and Hinson.
It also was learned yesterday that
there is pending before the Airport
Commission a plan for the develop
ment OF q partially elevated airport
above the railroad yards northwest
OF New York avenue, which would
include = part Of the undeveloped
section adjoining LAngdon.
Warehouse Space Provided.
Submitted by Lieut. w. w. Fuller,
q. S. NJ, retired, the plan would
call for an elevated runway sys-
tom over the railroad yards and ad-
joining area, merging into higher
solid ground to the north and west.
Under the elevated portion would be
space for warehouses, markets and
similar establishments, it was pointed
out.
Lieut.. Fuller told the commission
that runways of minimum of 1000
feet in length could be provided in
all directions and that the airport
would be closer to the City Post
Once and nearly as close to the
downtown hotel district as is WASH
ington Airport. The cost, he esti-
mated, would be s2o,0oO,000, but this
would be justified by income from
other than airport uses.