Evening star., 1953-12-10
Suit Attacks
Land Seizure
In Southwest
Store Owner Fights
City's Move to Clear
Slum Project Area

Slum Project Area
The owner of a Southwest
hardware store filed suit in
Federal court today charging
that the Government has ex-
ceeded the scope of the 1945
Redevelopment Act by includ-
ing her store in the city's pilot
slum clearance and redevelop-
ment project.
Mrs. Goldie Schneider asked
the court to declare the threat
ened seizure of her store at TIC
Fourth street S.W. to be un-
constitutional and to halt TAX
ing of the property.
In filing the suit in U. S. Dis
tricC Court for the District Of
Columbia, Mrs. Schneider'S son,
Attorney Joseph H. Schneider.
followed a suggestion made No
vember by a special three
judge Federal tribunal.
The three-judge court on that
date dismissed suit filed by
Mr.. Schneider and Max Morris,
owner of a department store at
7l2 Fourth street S.W., which
was based entirely on a chal-
lenge of the constitutionality Of
the city's 1945 redevelopment
statute.
Seizure Power Questioned.
While upholding constitu-
tionality of the act, the three
jurists held that Congress did
not confer powers to seize pri-
vate property beyond the rea-
sonable necessities of slum
clearance and prevention. the
world 'Slum' meaning conditions
injurious to the public health,
safety, morals and welfare" -"
The jurists noted that the at
torneyS had contended in oral
arguments that the taking OF
the two properties was "arbi-
trary and capricious." If they
amended their complaint to
charge that Government PLAN
ners exceeded scope of the act.
the complaints should be heard
in District court, the jurists
said.
This is precisely the action
taken today.
Specifically, the new suit said
the so-called Area B plan. drawn
up by the National Capital
Planning Commission and car
rled out by the Redevelopment
Land Agency. contemplated TAX
ing the hardware store "for a
shopping center" while allowing
other business properties on
Fourth street to remain in pres
ent hands.
Contending the taking would
be arbitrary, capricious dis
crlmlnatory and dictatorial." the
suit said the hardware store is
not a slum property"
Restraining Order Sought.
1t said the taking violates the
spirit and letter of (the) act in
that the plaintiffs property is
not substandard, slum or
ollghted and in no way con-
tributes to substandard housing
slums. disease. crime or any con-
dltion detrimental to the public
health, safety, morals and well
fare of the community"
The suit asked for a declara-
tory judgment against the Gov
ernment and also sought a tenn
porary restraining order to keep
the Government from taking the
until the suit is heard.
Under the Area B plan. the
land agency plans to acquire all
OF Area BIS rs acres of land
clear it of structures and sell IL
TO a private developer for re-
building.
Land agency officials have
contended that two other Area B
Fourth street properties. a gas
and a theater. were ex-
cluded from taking because they
htted in with plans for a Fourth
street shopping center in the re-
oulIt area. They said the
Schneider property did not. and
contended it must be taken to
make the plan workable.
Reflections Called Arbitrary.
Mr.. Schneider contended in
today'S suit that he was turned
down twice last December when
he asked permission either to
remodel Or rebuild the hardware
store. He said these reflections
were arbitrary"
The attorney contended also
that the act does not permit the
taking of commercial properties.
and that the program would not
compensate his mother ade-
quately in any case.
Mr.. Schneider told reporters
that in another action Mr.. Nor
ris-who had joined his mother
in the earlier suit-plans to
appeal the three judges ruling
that the 1945 act was constitu-
tional.
Ienat0rs FYfend Hearinne