Evening star., 1950-03-29
Refuses
zoningChange
In Montgomery
Rules Controversial
Bethesda Truct Must
Remuin Residential

The Montgomery County Coun-
Gil has decided that the contro-
versial Bogley property at Green
tree and Old Georgetown roads.
Bethesda, shall remain IN the
residential A zone.
Yesterdays ruling rescinded q
former county commissioners
which had approved an applica-
ton for commercial reclassifica-
tion of the ,000-square-foot
tract.
In other business, the council: /:
l. Took under advisement an
appeal by Rockville Mayor G. La
Mar Kelly, jr., for an increase in
county funds in lieu of taxes for
municipal services to county
buildings in the town.
, 2. Denied a petition by the
Cambridge Construction Co. for
commercial use of land on Old
Georgetown road near Beach ave-
nue..
Appeals Court Decision.
The way was cleared for the
Councils action on the Bogley
tract as a result of a recent Court
of Appeals decision in the same
case The appellate court upheld
the County Circuit Courts dis
missal of a suit by Samuel E.
Bogley seeking to prohibit the
Council from resembling the for
mer county commissioners zoning
action.
The case traces it's beginnings
to the zoning application filed by
Mr.. Bogley in October, 1948. Two
months later the commissioners
approved the petition, despite a
recommendation by the Maryland
National Capital Park and Plan
ming Commission that it be re-
jected.
The following May, property
owners in the area asked the
council to reconsider the commits
sloners' decision. The council held
rehearing on the zoning applica-
tlon July 26, but deferred action
pending outcome of Mr.. Bogley's
appeal from the Circuit Courts
dismissal of his injunction suit.
In its opinion yesterday, the
council said the commercial area
in the Bethesda business district
makes unnecessary and un-
desirable the development of a
small shopping center on the sub
Ject property"
To Continue Fight.
When informed of the coun-
CHS decision, Mr.. Bogley said he
would continue his efforts to have
the property rezoned.
Declaring that a small store is
now on the property under a nom
conforming use classification. Mr..
Bogley asserted:
"AS far as I am concerned, the
store will remain until the council
allows me to put up better
one"
Mayor Kelly, in asking for more
county funds in lieu of taxes. told
the council that one tenth of
Rockville's facilities are used for
county buildings in the munich
pality.
1T is unfair to ask our tax
payers to assume practically the
entire load of paying for sewer,
water, electricity and other facili-
ties for the county, he declared.
Wants $4,000 Year.
Asserting that the town now
gets S1,050 annually from the
county, Mayor Kelly said this
amount should be increased to
at least $4,000 a year.
He also asked that the county
help the town in paying for it's
share of the proposed bypass of
Route 24O, which now runs
through the center of Rockville.
He said the State Roads Com
mission has recommended that
the town contribute $4,000 "and
We just can't bear such cost"
In addition, the Mayor present.
ed Rockville Chamber of Com
merce resolution opposing the
councils plan to erect a new
county Office building at Perry
and Jefferson streets. Such a
move, according to the Mayor
would result in parking and traf-
flc problems. He suggested that
the chamber be given a voice in