Evening star., 1941-08-20
Montgomery County
Board Made Party
In Drainage Action
Suit Also Names
Sanitary Commission
As Defendant
BY q Staff Correspondent of The Star.

BY Staff Correspondent OF The Star.
ROCKVILLE, Md, Aug. 20.-The
Montgomery County Commissioners
today had been advised that they
were named defendants along with
the Washington Suburban Sanitary
| Commission in a suit to determine
responsibility for providing surface
drainage in Martins Additions /, 2,
3 and 4, Chevy Chase.
The action was brought by Mar
tins Additions and Mrs. Philomene
NJ McKillips, 5435 Connecticut ave-
nue., property owner in one of the
| additions. The bill says the COM
miSsioners are named defendants
because they constitute also the
Sewage and Drainage Commission
for the county"
The suit grew out of the inability
of drainage pipe running through
property between Chestnut and Del
field streets near their intersections
with Taylor street to handle surface
| drainage water during heavy storms.
1t was pointed out that the drainage
pipe running through Mrs. McKillips'
property is "a inches in diameter,
while the rest of the pipe running
through the ditch is Sc inches in
diameter. Consequently, according
to the complaint, during heavy
storms the 24-inch pipe is unable to
accommodate water flowing through
the 36-inch pipe and the water over
flows lots adjacent to that OF Mrs.
McKillips, sometimes covering Taylor
street with more than 6 inches of
water. These flood waters "consti-
tute a menace to the health, safety,
well-being and traffic system of the
community" and have often flooded
garages and cellars and destroyed or
damaged large amounts of personal
property. the complaint declared.
Harry r. Hall, chief engineer of
the sanitary commission. said his
group has not provided surface
drainage facilities and whether it
would be required to do so is a legal
question.
Joseph A. Cantrel, attorney for
the commission, said he welcomed
the filing of the suit, as it would
clear up a controversial question of
long standing
Residents of the metropolitan area
of Prince Georges County also are
expected to watch the outcome of
the case with interest, particularly
those in the Queens Chapel Manor
subdivision in Chillum district,
where some weeks ago heavy rains
| inundated yards and streets and
many of the residents threatened to
stop making monthly payments on
their homes.
During their meeting, the COM
missioners also approved two zoning
| petitions. One was filed by James
w. Gill, Silver Spring attorney, for
the rezoning of lots /, 2, and 4
of the John C. Wilson estate on
| the north side of Georgia avenue
between High and Spring streets in
Silver Spring from residential "a"
| to residential &C." Earlier the Mary
land National Capital Park and
Planning Commission had recon-
mended approval of the petition
Another petition was filed by James
H. Cissel for reclaSSification from
residential "A" to residential &c" a
tract of seven lots on the south side
of Thayer avenue west of Nolte ave-
nue. in Silver Spring and four lots
on the south side of Thayer avenue
west of its intersection with Flower
avenue. This petition had also
been recommended for approval by
the Park and Planning Commission.
The commissioners also authorized
| appointment of F. w. Lafrentz &
Co., Baltimore accountants, to ex-
anime the records of the county
government and its Liquor Control
Board at total cost of $4,000.
The commissioners also decided
| to open bids for improvement of the
Montgomery County Building at
Silver Spring at 11:45 am. Tuesday,
September 2. Plans call for enlarg-
ing the present police headquarters,
remodeling the basement, addition
of three cell blocks in the women S
detention quarters and sanitary
facilities for colnred perSons