Evening star., 1953-01-30
zoning Commission
Holds 10 Secrecy on
SibIey Hospital Vote

SUICy uVSPIIuI VVIC
The five members of the Dis
trict Zoning Commission today
refused to bulge from their de-
termination not to tell how each
one voted in the Sibley Hospital
case.
They maintained their stand,
despite efforts of lawyers and
newspapers to learn whether the
individual balloting was unani-
nous or split for rezoning the
American University campus to
block construction Of the pro-
posed new hospital.
A poll Of the membership re-
vealed this anomaly. however:
While the commission, as a whole,
decided unanimously to revert to
its old policy of keeping mum on
their. individual votes, all but
one member personally saw no
objection to making such infor-
nation public.
Lynn Stands Alone.
David Lynn, Architect of the
Capitol and commission member
since 1923, declared he feels nom
disclosure "the proper thing"
His colleagues are the three Dis
trict Commissioners and Conrad
L. Wirth. director of the Ma
tional Park Service.
Mr.. Lynn said he raised the
question at the outset of the
two-hour closed session in which
the zoning body reached its de-
cision Wednesday. He said the
policy question was settled before
the hospital case itself was de-
liberated.
A typical comment was that of
Mr.. Wirth: I'm never afraid to
express my own opinion any time,
anywhere. But we all agreed
on this policy" Then he added:
II imagine this particular case
prompted the policy decision"
HOmeowners Win. Il
Arrayed on one side of the
controversy were wealthy and
influential residents of Spring
Valley and Wesley Heights, SUBJ
divisions adjoining that portion
Of the campus where the hospi-
tai would be located.
These homeownerS, fearing
property value depreciation,
banded together to petition the
commission to make the coming
Of American University 'residen-
tial "A restricted" in conformity
with the rest of the exclusive
neighborhood. Their success
blocked the hospital construc-
ton.
On the other side of the fight
was the Methodist church, which
operates both university and
hospital: the Equitable Life In
surance Co., which holds a large
deed Of trust on the university,
and prominent real estate as
SCISSORS, who predicted the re-
Strictive zoning will lower the
land value Of the university.
Attorneys Paul B. Cromelin
and Edward F. Colladay, repre-
senting the university and Sib-
ley, made an issue of the COM
missions policy in a statement
announcing their decision yes
terday to appeal the case to the
U. S. District Court for the Dis
trict of Columbia.
See Rights CurtaiIed.
The lawyers called the policy
a deprivation of the right to know
whether the decision was divided
or unanimous. They declared
that all courts and adminiStra-
tive agencies, where more than
one judge or commissioner sits,
makes public, not only the vote
of each, but usually set forth rea-
sons in majority and minority
opinions.
In explaining their decision,
the commission referred only to
the recommendations of the Zon-
ing Advisory Council. The lat
ter group urged that the home
owners petition be granted lest
their property values deteriorate.
But the opposition lawyers de-
clared that the councils state
ment Of facts was entirely err
roneouS" and should have been
disregarded by the commission.
The hospital and university,
meanwhile, appeared to have an
uphill appeals fight on their
hands. Precedent shows that
the courts demand a showing of
arbitrary or capriciouS" action,
or downright fraud on the part
Of administrative agencies before
granting such appeals.