Evening star., 1938-11-30

ing the next 80 or so days until the
amendment is finally enacted
Further, the proposal would de-
crease the value of my property and
every other residential property
within the metropolitan district. If
violations for the past 10 years can
be legalized, then all future viola
tions can likewise be legalized. 1t
would be better, frankly, to repeal
the whole zoning law in an outright
fashion than in effect to do so
through any such camouf1aged
scheme.
Not only is the attempted action
directly contrary to the public in
terest and the interest of property
owners now relying on the zoning
regulations, but if carried out would
in the judgment of many citizens be
illegal as well as ain act of bad faith
in violation of public pledges made
by some of the officials concerned"
Opponents of the amendment to-
day assigned number of reasons
for the conforming uses which
owners have made of their property
without prosecution since the plan
ming body was created.
Overlooked Apartments.
They said that during the depres-
sion officials allowed to go unnoticed
the conversion of a number of homes
located in class "a" districts-dis-
tricts restricted to single family
dWellings-into apartments because
the owners of the homes could find
no other source of income at that
time
1t was said, too, that other viola
tions went unpunished because Of
failure to prosecute.
Opponents also explained the
planning commission itself ignored
recommending prosecution for mi
nor violations because it has been
on watch constantly for some ma
jor" case through which it could
test not only the countys zoning
ordinance, but its own constitution
ality as we'll.
1t was just such a case that
brought about the litigation referred
to by the county commissioners and
by Mr.. Lee
The planning commission swung
into action against Peter Fritz, pro-
prietor of the Log Cabin Inn at
Wheaton. located just within the
bounds of the metropolitan district
in which zoning laws are operative,
when it was found his establishment
was situated in an area zoned for
residential purposes.
COnstitutiOnality Challenged.
Agreeing to institute steps to pros
ecute Mr.. Fritz, the county commits
sioners obtained a warrant charging
him with zoning infraction. Be-
fore it was served, however, his at
torneys filed a bill in equity re-
straining officials from prosecuting
him and from interfering with the
operation of his inn The bill chal-
lenged the constitutionality of the
Park and Planning Commission Act.
The Circuit Court dissolved the
injunction, however, and an appeal
was noted. The suit, pending in the
State Court of Appeals. was with
drawn on October IL by counsel for
the plaintiff.
No more was heard of the Fritz
case until eight days ago, when
County Commissioner Clay Plum
mer introduced a resolution propos-
ing the zoning law amendment
which would legalize all non-con-
forming uses in the county, tnclud-
ing Mr.. Fritz's Inn
His resolution was adopted by a
partisan vote, the three Democratic
Commissioners, including Mr.. Plum
mer, supporting it and the two Re-
publican members of the board
opposing the proposal. The sug-
gested amendment then was re-
ferred to the Park and Planning
Commission, which now has it for
study.
In the Fritz case States Attorney
James H. Pugh, who ordinarily
would prosecute zoning violations,
joined with Miss Vivian Simpson
and Joseph Simpson, Rockville at
torneys, in representing the pro-
prietor of the inn.