Evening star. [volume] (Washington, D.C.) 1854-1972, 1953-08-06
Court Transfers
Drink Permit,
.Attackszoners
Morbury Criticizes
ABC Board Action
In Morningside Case

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Prince Georges old Democratic
headquarters near Morningside
will reopen as a liquor-selling
restaurant under a court deci-
sion bitingly critical of county
coming and Alcoholic Beverage
Board rulings.
Circuit Judge Charles c. Mar
bury, reversing the liquor board.
yesterday ordered the transfer OF
a permit from the New Marlboro
Hotel to the Dixie Manor Club.
6125 Suitland road.
The big frame structure and
the three-acre tract on which it
stands are owned by George
Perry, former bigtime gambler.
In pointed remarks at the end
of an all-day hearing in Upper
Marlboro, Judge Marbury gave
the county commissioners and
liquor board a verbal spanking.
He also indicated that some Of
the county's coming rules have
ridiculous implications.
Peter Vesta, who testified that
he will operate restaurant in
the building under a profit
sharing agreement with Mr..
Perry, applied for the liquor per-
NIT. His request was denied in
March by the Board of License
Commissioners on the ground
that the property has been
classified rural residential since
coming regulations became effec-
tive in 1949.
Liquor Board Counsel Ernest
A. Loveless held that permits
cannot be granted for that
classification.
Rezoning Denies.
Through Attorney George T.
Burroughs, Mr.. Perry sought
commercial designation at the
commissioners July coming hear
ings. His application was denied
despite a favorable recommended
| ton by the Observation-Disclosures
Capital Park and Planning Com"
mission.
The liquor board ruling was
appealed on the contention that
the clubs operations were es-
sentially commercial and thus
have been conducted on a nom
conforming basis.
Attorneys Earl j. Lombard
and John H. McAllister, repre-
senting DIRECTORS. countered
with a claim that the club was
never used commercially except
+ for a three-month period in
1916. when it was operated as
a dance hall.
They argued that since rural
residential rules sanction private
clubs. the place has always been
operated in conformity with
coming regulations.
Several owners of homes near
the club and Morningside town
officials gave opposition testi-
mony yesterday. Most of them
had protested at stormy liquor
and coming hearings.
OF the latter, Mr.. Burroughs
said, THE commissioners. sat
there in submission to loud voices
and stamping feet"
Perry Testifics.
Mr.. Perry, former County
Treasurer James B Bland and
Morgan w. Wayson, a building
contractor, were among wit
nesses for the applicant. They
said the club was built in 1888
and was used for 10 years for
party meetings and social and
Embarrassing functions.
The Democrats sold the prop
erty to Mr.. Perry in 1943. He
told the court he intended to
use it as a restaurant but could
not do so because Of wartime
labor conditions. The club has
been closed since 1947. except
for occasional civic gatherings.
Mr.. Perry said he paid $4,000
for the property and has spent
an. additional $4,000 on i'm
provements. 1t is unsuitable for
other than commercial use. he.
Mr.. Bland and Mr.. Morgan said.
Mr.. Morgan estimated its present
value at $4,000.
Judge Marbury held that the
club has been used on a non
conforming basis and that the
three-month dance hall opera
ton in 1916 was merely an item
in continuing chain" He
pointed to testimony that the
property has been taxed at COM
mercial rates.
Nearby Tracts Commercial.
Referring to the commissions
ers refusal to rezone, the court
said the effect of their action
was to leave a residential spot
in an essentially commercial
area. Witnesses had testified
that nearby tracts have been
given commercial designations.
Judge Marbury caustically re-
marked that the liquor board
erred in not going into the ques-
ton of non-conforming use.
At one point in the hearing
Mr.. McAlliSter, reading list Of
permissible uses of rural resi-
Dental property, was halted by
the court when he recited that
airports and animal burying
grounds are included.
Judge Marbury remarked that
few activities could be more
commercial in nature than air.
ports and, as for pet cemeteries,
the coIlYt said IL coIlld hardly