Evening star. [volume] (Washington, D.C.) 1854-1972, 1938-12-03
County zoning
Law vioIators
.ToFateCourt
Pluns Commission
Orders Survey
On Infructions
BY JACK ALLEN.

ny JAIN ALXkN.
George N. Palmer, chairman Of
the Maryland-Na National Capital Park
and Planning Commission, declared
today that violators Of Montgomery
County's coming laws will be prose-
cuted as speedily as evidence can
be assembled for presentation in
court.
He said members of the commits
sion's engineering staff are to begin
an immediate survey to determine
where attractions of such regula-
tons have been committed and by
whom.
"Our commission then will recon-
mend to the county commissioners
that proceedings be started against
those who hove violated the coming
ordinances" the chairman asserted. :.
Mr.. Planners statement followed
hearing yesterday at which Mont
gomery County civic leaders made
surprise appearance before the
Planning Board and urged that
prosecution "for some 200" infrac-
tons Of zoning laws be begun at
once.
Resolution Rescinded.
Earlier in the day the Board Of
Montgomery County Commissioners
held a special meeting at Rockville
and granted a demand by incensed
civic leaders and property owners
that the board rescind its resolution
proposing valuation of all coming
violations that have occurred since
the regulations were adopted in 1923.
Mr.. Palmer told The Star the
planning body discussed plans for
the prosecution Of zoning law vio-
lators following the impromptu
hearing and had decided upon the
procedure outlined in his statement.
He also said that his commission,
which now serves merely in an adj
visory capacity to the county Conf
missioners in coming matters, next
month will ask the Maryland Legis-
lature to broaden the planning
agency's powers so that it may carry
on its own prosecutions in such
cases.
At present the agency itself has
no authority to prosecute.
Aware of Handicaps.
Frederic P. Lee of Edgemoor, chief
spokesman for the civic delegation,
told the Planning Board he realized
it was confronted with a problem
OF major proportions in prosecuting
1.-The 200 or more cases of coming
violations in Montgomery County"
He said he was aware the COM
mission was handicapped by its lack
of a force of inspectors who could
find out where violations had &C.
CURED.
Mr.. Lee, a former member Of the
Maryland-N National Capital Park
and Planning Commission, added.
however, that these violations must
be prosecuted if the coming laws
OF the county are to be protected.
He said that such proceedings
must be initiated in the interest of
residents who invested money in
homes In Montgomery in the belief
that their investments are protected
by the coming laws are to be safe
guarded.
1T is not enough that the coming
laws were saved from virtual repeal
by the action of the county COM
mlssioners in resembling their reso-
luton this morning." Mr.. Lee stated.
Specific Demand Made.
The speaker made specific de-
mand for the prosecution of Peter
Fritz, proprietor of an inn located
in a residential zone at Wheaton,
Mr.. Fritz obtained an injunction re-
straining officials from interfering
with the operation of his business
when the planning commission and
county commissioners undertook to
prosecute him on charge of violat-
ing the zoning laws.
Mr.. Fritz injunction was dissolved
in Circuit Court and his attorneys
noted an appeal, but the appeal
suddenly was withdrawn on October
IL. A warrant against Mr.. Fritz
still stands, according to county on
Gals.
Mr.. Fritz should be given the
right to establish his innocence-or
to be proven guilty" Mr.. Lee said.
Mr.. Lees views were supported by
other civic leaders, including WASH
ington I. Cleveland, Col. o. P. M.
Brown, Carey Quinn, Joseph B.
Matre and H. S. Yoke.
Beer Parlor Assailed.
Mr.. Cleveland asked the commits
sion to close beer parlor which he
said Is operating in q residential
zone at Kensington, declaring that
1t is in close proximity to a Civilian
Conservation Corps camp and that
1.-THE War Department has COM
planned against it on several occa-
sions."
When he said the establishment
had been given an alcoholic bever-
age permit, although the area Is
zoned for residential purposes, Mr..
Palmer injected: +
TITS too bad the liquor board does
not act in conjunction with U.s."
Col. Brown suggested that the
planning commissions powers be
broadened at the 1899 session of the
State Legislature to permit the COM
mission to carry on its own prosecu-
tons.
Mr.. Quinn told the commission 1t
should proceed With the prosecu.>
tons as speedily as possible.
Court Decision Urged.
1.-THE constitutionality of the act
creating your commission has been
challenged on several occasions"
Mr.. Quinn said. There is no doubt
In my mind that the act is con-
stitutional, but the only way to
settle the matter once and for all
is to have the courts determine the
question.
"Zoning law violators should 30
proceeded against and If the act Is
constitutional the courts will deter
mine that question. II 1t is held UNI
constitutional the thing to do is to
80 before the 1899 session of the
Legislature and have a law enacted
that Is constitutional. Z