Evening star., 1938-12-01

AANAAXs
simultaneously, the Maryland
ming Commission announced that {
on the county commissioners recon
later date.
The puzzling recommendation
more unfathomable when National
sion executives asserted that a $500, \
OOO allotment sought for park de-
velopment work in Montgomery and
Prince Georges Counties "is avail
able at any time the counties desire
It,"
1t has been officially stated that
the county commissioners feared
that litigation over zoning laws
would delay approval of the $780,
600 allotment, and the commission
ers, therefore, decided to end litiga-
ton by legalizing all infractions.
But there has been no danger of
litigation delaying the allotment.
Deny Relationship.
$50 far as this commission is con-
cerned there is no relationship be-
tween approval of the allotment
and the County Commissioners
proposal regarding zoning," two
officers of the National Capital
Commission told The Star.
They said the litigation was with
drawn by the plaintiff more than q
month ago. and added that their
commissions vote to release the
100000 to the counties preceded
the act of the Montgomery County
commissioners"
Claims of civic leaders, incensed
over the zoning recommendation,
that the allotment would have been
approved irrespective of the litiga-
ton also were borne out by the two
executives.
It was explained that special
counsel, employed to prepare an
opinion regarding the integrity OF
bonds which the Maryland-National
Capital Park and Planning Commis-
sion would post to guarantee that
portion of the 100000 which the
counties will receive in the form Of
a loan, had recommended while the
litigation was pending that the al
lotment be made.
Held Commission Legal.
"The bond attorneys told our
commission that challenges against
another Maryland commission whose
functions are similar to those OF
the Maryland Park and Planning
Board, had been taken to court and
thrown out and, therefore, there
could be no doubt as to the plan
ning's commissions legality" the
executive said.
The $50O,0OO allotment voted the
two counties will be made under the
terms of the Capper- -Cramton act,
with one-third of that sum ad-
vanced as q Federal grant and the
remainder as loan.
Such allotments, supervised by
the National Capital Commission,
have enabled the Maryland agency
to carry on extensive park develop
ment in Montgomery and Prince
Georges.
Peter Fritz instituted the litiga-
ton after steps were taken to prose-
cute him for establishing an inn
on property located in a residential
zone at Wheaton. His suit chal-
lenged the constitutionality of the
Maryland National Capital Park
and Planning Commission Act and
officials were enjoined from pro-
ceeding against him.
Suit Withdrawn October IL.
The Injunction which he obtained
later was dissolved in Circuit Court
and an appeal was taken by his
counsel. However, the suit was with
drawn on October IL by attorneys
for Mr.. Fritz.
Democratic members Of the Board
of Montgomery County Comm1s-
sioners moved nine days. ago to
legalize all non-conforming use OF
property-the use Of property not IN
conformity with zoning regulations
| in the area in which it is located
by proposing an amendment to
the county ordinance dealing With
non-conforming uses Of property.
The amendment has been referred
to the planning commission, which
serves In an advisory capacity to
the County Commissioners IN zon-
ing matters, for study and its
presentation to that body was
greeted with storm Of protests
from civic leaders and property
owners. ~. ....
Opponents charge the amendment
not only will legalize many nom
conforming violations, but would
open the county to widespread, uil-
supervised development between the
enactment of such an amendment
and the date 1t becomes operative.
It also would cause property values
to depreciate, they declared.
Lacy Shaw, . member Of the
Maryland-National Capital Park
and Planning Commission, today