Evening star., 1942-07-15
.PrinceGeorges
.MayFaceSuit
Over Zone Rule
County Boards Right
To Reconsider Case
Is Questioned

BY a Staff Correspondent OF The star.
UPPER MARLBORO, Md, July
15.-Whether Prince Georges County
commissioners have authority tc
reconsider a decision on zonine
petition may be the subject of court
action, it was disclosed today.
This appeared likely following the
commissioners action yesterday in
ordering a new hearing August Is
on four requests for commercial
zoning along Edmonston road, near
Good Luck road in East Riverdale
which had been approved by the
board last week.
Decision to reopen the matter was
taken after eight residents of the
area, led by Mrs. R. D. Mattingly
had bitterly protested the granting
of the petitions.
Attorney Threatens Action.
Louis Lebowitz, attorney for the
four petitioners, said that he may
file an injunction suit in Circuit
Court here to determine whether
the commissioners have the right tc
reopen a zoning matter once it has
been officially approved or disap-
proved"
When the county commissioners
act on zoning petition" Mr.. Lebo-
witz declared, that ends it as fal
as the commissioners are concerned
Any further question on the petition
must be taken to the courts"
He added that the boards action
yesterday in ordering a new hearing
on the four zoning petitions poses
the question whether any of the
commissioners future decisions have
any f1nality."
The August 18 hearing will mark
the third time the four rezoning
petitions have come before the
board. They first were presented
to the commissioners about two
years ago and we're denied. They
have since been disapproved by the
Maryland National Capital Parl
and Planning Commission.
In opposing the granting of the
petitions, Mrs. Mattingly said the
site in question was improper" in
that it was not built up suff1-
GENTLY to support shopping center
Stores Failure Cited.
She declared there is now shop;
ping center approximately one mile
from the proposed site and that one
store at the center went out of busi-
ness recently because thee wasn't
sufficient demand for it.
More than 20 residents of the area
appeared before the commissioners
last week in support Of the rezonins
petitions. They poin*ed out that at
present persons living in that area
must travel from to 6 miles to
the nearest store.
The petitions, all asking for re-
classification from residential A to
commercial D, are:
Joseph and Leo Dal Maso. owners
of a 2-acre tract along the west
side of Edmonston road.
Frances D. and Reese E. Mcleod
owners of 3-acre tract along the
west side of Edmonston road.
B. D. and D. r. Evers, owners of {
9.9-acre tract along the west side
of Edmonston road.
Winnie E. and Chauncey L. Davis
owners of lots /, 2 and 3 of blocl
B and lots /, %, %, "a and Is O.
block A, Crestwood subdivision
fronting along the east side Of Ed
monston road for a distance of 60t
feet.
Petition Approved.
The commissioners yesterday alst
approved a petition by Philip H. Ban
vile for the reclassification from
residential A to industrial E of lot!
and 7, block l; lots Is to %, in
elusive, block 2, and lots l to 10 ant
1S to 81, block 3, Linwood subdivision
of Bladensburg.
The Washington Suburban San.
itary Commission was authorized
to purchase $55,000 worth of bond.
for its sinking fund. Included ir
this amount will be $4,000 worth
of Arkansas State Highway bonds
5000 worth of United States
Treasury bonds, and $4,000 worth
of bonds issued by the commission
itself.