Evening star. [volume] (Washington, D.C.) 1854-1972, 1945-02-06
Land Bill Calls
Armistice in
Apartment Fight
Tydings Measure
Would Make Park
Of 10th Street Site

An armistice was declared today
between opposing interests in the
long legal battle over the proposed
construction of an apartment
house at Sixteenth and Shepherd
streets N.W.-to give Congress time
to indicate whether it will order
the United States tn buy the site
for park purposes.
A bill directing the National Cap
ital Park and Planning Commission
to buy the two-acre tract for a price
of 500, to be paid out of Federal
funds, was placed before the Senate
Yesterday by Senator Tydings,
Democrat, of Maryland, for himself
and Chairman Bilbo of the Senate
District Committee.
The court case, revolving around
a change in zoning designed to
block the apartment project, now is
back before the United States
Court Of Appeals, but oposing par
ties said they would hold their
fire. to see what Congress does
about the issue.
Plan Back of Bill.
Neither the prospective builder,
Harry Poretsky, nor residents of the
Crestwood section, who have gone
to court and to Congress to block
the project, however, are abandon
ing their legal rights, their Spokes-
men said. The case at court is not
expected to be reached for at least
60 days"
The plan back Of the new bill in
wolves lot of give and take, inter-
ested parties said. To reduce the
prospective loss to Mr.. Poretsky, the
owner of the property is accepting a
lesser price than the s77,500 for
which he had contracted to sell the
land, it is reported. Crestwood resi-
dents, who feared the nearby apart
ment would damage the values of
their homes, are preparing to 1aise
at least $1,000 for the same purpose.
according to c. V. Maudlin, leader
in the Crestwood fight. And at
least some of the lawyers who have
been engaged in the legal battle are
said to be contributing something
out of their fees.
The bill was an effort to end the
fight by compromise, Senator
Tydings said, and one under which
various parties would take a loss,
though all had accepted the plan.
The price stated in the bill is Is
per cent above the assessed value
of the tract. This is the usual price
paid when land is bought under con-
demnation. some officials recalled.
Asked if he thought Congress
would direct the Government to buy
the site, Chairman Bilbo said:
Don't know-wont know until the
roll is Gained. But it would be a val
liable addition to Piney Branch
parkway"
Zoning Appeal of Citizens.
The area, just above Tiger Bridge
over Piney Branch parkway, had
been zoned for some years to permit
an apartment on the Sixteenth
street frontage, but when the
Poretsky plans became known,
Crestwood citizens appealed to the
zoning Commission and after hear
ings it changed the coming so as to
block the project.
The builder, who is said to have
paid down $17,500 for purchase of
the site from the Machen estate,
and other thousands for plans, en-
cheering studies and financing, ap-
pealed to District Court and won an
order overriding the commission.
CrestWood citizens sought to inter-
vene, were stopped temporarily, but
won a ruling from the appellate court
permitting them to be heard. The
builder then took his case to the
, United States Supreme Court, but it
declined to review the case. 1t then
went back to District Court and a
week ago to the Court of Appeals.
Meanwhile, the embattled citizens
had appealed to Congress to halt
the project by legislating a restricted
coming. A bill to this effect was
passed last year by the House but
it was blocked by a tie vote in the
Senate District Committee and died
with the old Congress. A peaceful
settlement was suggested and Chair
man Bilbo persuaded Senator Tyd-
inps tn do the napotjatinp