Evening star., 1947-09-04
HighCourtvoids
=
Balile Ruling on
Fairfax PLANNING
Stote Appeals Bench
Upholds County's
Zoning Law Right

&AAV ~ ShAAd AJAk4 SoAAt VA
Appeals yesterday reversed and
remanded to the Fairfax County
Circuit Court q zoning case which
had been regarded as threat to
orderly planning by nationally
known planning authorities.
The case was that OF Fairfax
County versus L. w. Parker involv-
ing the use of an unimproved lot
as Junk yard In a suburban resi-
dence zone near Tysons Corner.
The appeal was taken from a
decision of Judge Leon Bazile,
temporarily sitting in the Fairfax
Circuit Court, holding the county's
zoning ordinance to be in violation
of constitutional guarantees OF
property rights.
Contention of Parker
Through Attorney Charles Pick
ett, Mr.. Parker contended the
County Board of Supervisors ex-
ceded its authority and challenged
the constitutionality of the ordi-
nance.
In an original action. the county
brought criminal charges against
Mr.. Parker and Judge Bazile decided
against. the supervisors. A second
similar action involving the same
issue was brought as civil suit so
that the appeal could be taken.
The court ordered that Mr.. Parker
be restrained from using the prop
erty as junk yard, .
The opinion was by Justice John
w. Eggleston while the court was
sitting at Staunton, the Associated
Press reported.
Three attorneys qualified before
the court. They were Bruce D.
Reynolds, jr., of Charlottesville;
Edward S. Smith of Washington,
and Julian K. Hickman of Harrison
burg.
Ruling in Carroll Case
In the case of Helen E. Carroll
versus Arlington County, the ap-
pellant had been found guilty of
violating a zoning ordinance in the
county and the trial justice who
heard the case found her guilty and
fined her $40. She allegedly per-
mitted two families to be housed
in q single family residential dis
trict..
After the trial Justices decision
was confirmed by the Arlington
County Circuit Court, she appealed
TO the Supreme Court. The high
court found that when one is pros
ecuted for something made crime
by statute, which has not thereto
fore been crime, he has the right
to demand that the words there
used be given their common &C
ceptation."
The court held that Miss Carroll,
who was single, did not constitute
a family and said "the only way a
single person living alone can be-
come a family is by statute and
then only for the purpose named"
Since Miss Carroll was not "a
family" when Negroes, one of whom
worked for her, moved into her
basement their coming did not make
her one, the court held. The judg-
ment against the defendant was
ordered reversed and the prosecu-
ton dismissed in the opinion writ
ten by the chief justice.
Ruling on Segregation Case.
The court affirmed the judgment
Of the Richmond Law and Security
Court in a race segregation case
brought by Ethel New of Lynch, KY,
against Atlantic Greyhound Line
and a Lynchburg policeman, w. N.
Smith.
In a Richmond court jury re-
fused to grant her $4,000 dam
ages against the bus line and
the policeman. She contended that
she boarded a Greyhound bus at
Blackstone after having bought a
ticket to Appalachia.
Just out of Blackstone, she alleged,
she was transferred to another bus
on which all seats were taken. At
Lynchburg a number of passengers
left the bus, she charged, and even
though she was sitting on the seat
next to the rear the driver ordered
her to the back. She contended
that this was not necessary to seq
regate the races.
Nineteen other opinions were re-
turned by the court. They included
BY Justice c. Vernon Spratley
Albert L. Rubin and another VS..
Berrram Cochrach and another,
from the Corporation Court OF
Alexandria. Decree affirmed.