Evening star., 1939-10-08
J. Bond Smith Plans
To Join Fight on
Spot zoning
Attorney to Appear at
Montgomery Hearing
As Toxpoyer

j. Bond Smith, counsel to the
Maryland National Capital Park and
Planning Commission. will join in
the fight to stop what civic leaders
call a threat of spot" zoning in
Montgomery County.
While the commission itself has
taken no stand, Mr.. Smith said he
intends to appear before the county
commissioners hearing October 26
as q citizen. taxpayer and home
owner" and oppose approval Of the
petition Peter Fritz has filed for
commercial rezoning of the Log
Cabin Inn property, near Wheaton.
Mr.. Smith, questioned last night
as to his position on the Fritz petit
ton. approval of which many fear
will establish precedent leading to
spot" zoning throughout the coun-
ty, declared the issue "is not pri-
marily whether Mr. Fritz will be per-
mitted to sell beer and run a res
taurant in an area exclusively resi-
dental in character"
The fundamental issue" the at
torney stated, lis whether the zoning
ordinance is to be administered in
the public interest to protect Mont
gomery County's home communities
or whether 1t is to be manipulated
in the interest of such Of its viola
tors as are able to exert political or
other pressure on our governmental
agencies"
Will Oppose At Hearing.
I'm my private capacity as citi-
zen, taxpayer and home owner of
Montgomery County" he declared,
II shall appear at the public hear
ing in opposition to the application.
The commissions action in with
holding its recommendation until
after the hearing not only enables
me to appear without embarrass-
ment to the commission, but COM
pels me to do so in the public in
terest.
Several weeks ago I acquainted
the members of the commission with
my purpose; and the commission
having been advised I see no reason
why my decision may not be pub
licly announced.
This is the third application for
reclassiflcation of the Fritz prop
erty. There is not now and never
has been any merit whatsoever in
any of these applications. This was
recognized by this commission and
the Board of County Commission
ers when both bodies rejected the
earlier applications.
Moves Reviewed.
Thereafter Mr.. Fritz brought an
equity suit to prevent his Grim
inal prosecution under the zonins
ordinance. This suit was voluntarily
dismissed by Mr.. Fritz after the
county commissioners and this COM
mission had filed sworn answers
showing that there was no justifica-
ton for reclassification I" =.
Thereafter a blanket amendment
to the zoning ordinance was pro-
posed which would have legalized
Mr.. Fritz's activities and many 9TH
er violations of the ordinance. This
proposal, however. was quickly with
drawn because of widespread pub
lie indignation.
Under these circumstances it is
imperative that this commission, the
Board of County Commissioners and
the citizens of Montgomery County
examine the record in all its ramifi.
cations and implications 10 that ali
concerned may fully realize its sig
| nif1cance.
This issue vitally affects every
home in Montgomery County. II
clearly and fully presented I am
entirely confident that both thi,
commission and the county commits.
sioners will act unanimously in thu
public interest. To the. extent t<
which I may be able to clarity and
present this issue shall do So"