Evening star., 1952-05-30
Planners Seek ParIey
with Council 10 Settle
lArmory LOT Dispute

The Maryland National Capital
Park and Planning Commission
yesterday moved to resume nego-
tiations with the county council
over disposition of the hotly dis
puted armory lot in Silver Spring
The commissions action came
on the heels of its victory We'd
nesday in the county councils suit
to regain title to the 41a-acre
tract decided to the planners by
the old county commissioners.
Chief Judge Charles w. Wood
ward, in Circuit Court in Rock
vile. upheld the commissions de-
murrer in the suit. He held that
the commission has a legal title
to the tract.
Seeks Early Meeting.
The commission said it will
seek meeting as early as possible
with the council to reach a peace
full settlement of the armory lot
issue.
"It should now be possible to
discuss with the county council,
in an atmosphere of harmony and
cooperation. prompt disposition
OF the armory lot in the public
interest" j. Bond Smith, general
counsel for the commission, said.
Mr.. Smith noted that the COM
missions vice chairman, Richard
F. Green, repeatedly has urged
such a meeting to prevent pro-
longed litigation and to save the
taxpayers money.
At the same time, the commits
sion made it clear that if no meet
ing ground could be reached, it
would take other action.
Mr.. Smith. emphasized yester-
day prolonged litigation would
endanger the public's interest.
Cites Possible Recession.
Mr.. Smith warned that even If
the commission ultimately. pre-
walls. the public may suffer finan-
clally by the delay in sale.
by the time litigation ends I"
Mr.. Smith said, "a change NAV
have occurred in economic or
world conditions with an attending
recession which some economists
predict within a year."
The county filed suit unex-
pectedly last December, while it
was discussing, with the planning
group, the use to be made of the
property. It charged its predeces-
sors, the county commissioners.
had no authority to deed the land
to the planners.
At the time the suit was filed.
the planning commission had an
offer of $500,00O from the Hecht
Co. for the property for use as a
parking lot.
II no peaceful settlement comes.
the commission has been urged
to seek rezoning from Residential
A to Commercial D of that section
OF the lot fronting on Fenton
street. The County Civic Fedora
ton has estimated such action
would raise the value of the prop
erty to possibly / million.
Bill No. 10 Opposed.
County Attorney David Macdon-
aid yesterday said he intends to
file an amended complaint in the
suit. He added the case will be
carried to the State Court of Ap-
peals. Settlement will take
months, he said.
In other business yesterday, the
commission adopted resolution
urging that Bill No. 10 not be
passed by the council at this
months legislative session.
The bill provides that no plats
for subdivisions be recorded by
the county unless they carry the
stamp of approval of the county
Department Of Public Works.
The commission said State law
grants to the planning commission
the job Of approving subdivision
plats in the suburban area.
The county council had charged
that some plats had been ap-
proved which did not meet road
width specifications of the county
road code. The commission yes
terday in the resolution promised
to consult with the public works
department on future plat ap-