Evening star., 1954-11-17
Upper County
|zoniing Hearing
SET Dec. is
Two Lund Owners
Fail in Move for
Immediate Repeal

The controversial Upper
Montgomery County zoning or
dinance win get another public
airing on December 16, this time
under auspices Of the new all.
Democratic County Council.
The hearing was set yester-
day on motion of Mrs. Stella B.
Werner. As a member of the last
Council. she led the fight for
adoption of the ordinance bit-
terly opposed by large segments
Of the rural population. But she
had promised another public
hearing before the law is to take
effect on February /.
The Council was told It would
be unable to make any major
changes in the ordinance with
out calling for a public hearing
on specific amendments. The
informal" hearing however. Is
aimed at turning up proposed
changes.
Repeal Move Fails.
Yesterdays action came de.
spite attempts by Marvin e.
Simmons and Dyke Cullum, big
landowners in the upper county,
to force an immediate repeal Of
the measure.
Four Of the seven-member
council that took office yesterday
committed themselves publicly
during the recent election cam.
paign to repeal the measure II
they were elected.
Mr.. Simmons and Mr.. Cullum
indicated the recently formed
Landowners Association of Up.
per Montgomery County might
boycott the hearing. The as
ISOLATION led the final battleS
against the ordinance.
Mr.. Cullum said his group will
not attend If there is danger Of
ieopardizing a suit still pending
to have the ordinance declared
void on the ground it was passed
without a public hearing after
major revisions were made and
q coming map included.
Want Master Plan First.
The suit filed by the pair and
o. w. Anderson and Marjec, Inc,
Of Olney. asked that the ordi-
nance be declared Illegal and that
the county be enjoined from
passing any rural coming ordi-
nance before q master plan "a
prepared for the area.
Council President j. Gral1ame
Walker told the two men he did
not believe mere attendance at
the hearing would jeopardize
their position in court. Mrs.
Werner suggested they would
have no problem "if you with
draw your suit"
Mrs. Werner, in another jibe
at the landowners association,
said the hearing was not planned
for "any particular small group"
but rather for all county resi-
dents.
Councilman Jerry T. williams,
Of Damascus, added, however,
that he Is primarily interested
in hearing objections and pro.
posed changes from upper corn.
ty residents most directly af.
fected by the ordinance.
Charles Jamison, a leading foe
OF the ordinance. and one who
said he would vote to repeal the
measure. yesterday said he feels
the Council should take no ac-
ton until it has heard the pub
lie.
Mr.. Jamison was elected by
his fellow councilmen as their
representative on the Upper
County Planning Commission.
He succeeds Lathrop Smith, who
was prime mover in adoption
OF both the coming ordinance
and subdivision regulations.
The Council alse authorized
plans for a meeting with the
Maryland National Park and
Planning Commission early next
month. The Democratic plat
form calls for revamping the
suburban area commission, ex-
tending its authority into the
upper county and abolishing the
upper county commission.
In another coming matter, the
Council was asked to grant re.
lief to the Old Georgetown Club.
Inc, recently denied approval
by the Board of Appeals Of its
plans to build a community
swimming pool on Ferwood road.
Bethesda.
The board rejected the re.
quest on the ground the Council
had removed swimming pools
from its Jurisdiction while the
clubs case was still pending.
The board said the Council had
intended to stop all pending
action.
The Council was asked to
direct the board to act on the
request under the former law, or
TO amend the law so the club
can get approval.
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