Evening star., 1949-03-23
Home Ru|eDue
For Court Test
In nkontgon1ery
Council Declares
Right to Legislote
For Taxing Areas

For uxing Areas
The scope of home rule" gov
ernment in Montgomery County
appeared today to be headed for
court determination.
Members of the County Coun-
Gil indicated as much yesterday in
asserting their right to legislate
for special taxing areas.
The council took a position di-
rectly opposed to that of Mary
land Attorney General Hall
Hammond by declaring that it
would enact local legislation for
new fire districts. Mr.. Hammond
had stated that the General AS
sembly is the proper legislative
authority under the Maryland
Constitution.
Council President Frederic P.
Lee asserted that the Attorney
General listed no reasons for his
conclusions. He charged that Mr..
Hammond had classified special
taxing areas with incorporated
towns. villages and municipalities.
for which local legislation is re-
quired by the assembly.
Charter Gives Council Power.
Under the new charter the
council is empowered to pass Ger
tain local legislation reserved to
the legislature in non-charter
counties.
Mr.. Lee declared there is a dis
tinct difference between a special
taxing area and a municipality, in
that the former has no governing
body. His views were indorsed by
other councilmen. They advocat-
ed that the county enact this type
of legislation at its May session,
paving the way for a court test.
The issue decided in the fire
district matter would have sig
nificant bearing on other legisla-
ton by the council.
AS the result of another coun-
Gil decision yesterday. work has
begun on a detailed analysis of
financial. economic and social
conditions in Montgomery County.
The survey, which was author
lied for the avowed purposes of
determining the county's present
position and future capabilities, is
expected to include a study of
practices and finances of the
Washington Suburban Sanitary
Commission and the Maryland-
National Capital Park and Plan
ming Commission.
Counties Responsible.
The two commissions are BIZ
county agencies serving both
Montgomery and Prince Georges.
The counties are jointly RESPONSE
bic for their obligations, consist
ing of millions of dollars of pub
lie Improvement bonds.
The council said recommends
tions made by its consultantS
would be used in developing a
f1ve-year capital improvement
program and would serve as a
guide in general financing opera
tions. It selected the New York
firm of Wainwright, Ramsey s.
Lancaster to do the work for a
$4,000 fee and $4,000 additional
for survey costs.
The consultants will submit a
preliminary report by May 6, for
use in preparing the next budget.
and a final report by July /. to
be used in the long-range i'm
provement and financing program.
The council dealt a sudden blow
against the widening of Wiscon-
SIN avenue from East-WeSt High.
way to a point near the Bethesda
Naval Medical Center. 1t with
drew support of State Roads Com
mission plans for the work.
Rights of Way Refused.
Mr.. Lee said the action was
taken because very few property
owners along the stretch are will-
ing to give the necessary rights
of way. When the council in
dorsed the plans several weeks ago.
he said. it had been assured most
property owners would dedicate
their land without condemnation.
The council already is COM
mitted to spend approximately
$4,000 for curbing. drainage.
sidewalks and similar work. Mr..
Lee said it would be unable to
provide an additional $407,0
estimated necessary to acquire the
|undedicated rights-of-way.
He reported that the Bethesda
Chamber of Commerce is under
taking to persuade the property
owners to change their minds be-
fore the State Roads Commission
opens bids already invited.
In the first zoning case origi-
mated since it took Office, the
council denied an application filed
by William Leroy Miles for the
Redistribution of a tract in Bur-
louisville from residential to COM
mercial. The property adjoins
that of the Liberty Grove
Methodist Church.
The county reversed the COM
missioners in another case. It
voided rezoning in Rock Creek
Knolls, Chevy Chase. to permit
an apartment development and
scheduled this for a new hearing,