Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-07-28
Appeal Planned
With Dismissal
Of PdrkwaYSuit
Property Owners
To Continue Fight
On Belt Rood

AatCi ~COukiey uc4t 1Uau III kVUCk
Greek Park.
Federal Judge Edward "A.
Tamm, acting on q Govern
ment motion. threw the long,
pending suit out Of court yester-
day. after nearly three hours
argument. which ranged from
the definition Of a parkway to
the need for protecting park
and recreational areas.
His ruling. in effect. held that
the National Capital Planning
Commission acted within its
legal rights in approving plans
for the belt road to traverse q
2a-mile park section between
Wisconsin avenue and Forest
Glen.
The property owners. repre-
sented by Attorneys J. Joseph
Barse and Edward 8. Northrop,
contended the road Is q major
highway which would constitute
an Illegal use Of park lands. They
commended also that the case
involved q number of questions
Of fact which could be deter
mined only by trial.
Authority Held Sole Issue.
Assistant United States Attor-
ney Oliver Gasch argued that the
only point at issue was q question
of law-whether the planners
had the authority to rule on the
park-road plan.
It was on this point that Judge
Tamm based his ruling. He said
the arguments had raised n
number of collateral issues" but
that it was to the actions Of
Congress in giving powers to the
planners that he must look for
q decision.
He reviewed acts dating back
to 1924 that had been cited by
Mr.. Gasch as giving the planning
commission the right to approve
park development plans. Attor-
neys for the property owners
cited the same acts but argued
that the authority did not cover
highways in parks. even under
the name Of ''parkways."
Mr.. Barse said he would appeal
and asked Judge Tamm for an
induction to halt construction.
Judge Tamm denied the request.
noting 1t could be made to the
appellate court.
Maryland Issue Seen.
The Judge advised Mr.. Barse
also that another point hs
raised might better be brought
before a Maryland court. This
referred to a contention that
part of the present park area
had been decided to q State
agency by q private development
company on condition 1t be de-
veloped as a park area.
The ruling. although 1t clears
one hurdle facing Maryland
road builders. does not clear all
the obstacles in the way of the
belt road.
The State Roads Commission
intention Is to have the belt
road dip out Of the park at q
point between Connecticut ave-
nue. and kensington parkway.
1t intends that U. S. Route $40
traffic should use the belt road
between Wisconsin avenue and
the point outside the park near
Connecticut avenue, then drop-
ping southwark to East-West
highway on asroad of its own.
Conditional Approval.
The planning commission.
however, in approving the belt
road plans last month, said IL
did so on condition that the belt
road not serve as an extension Of
Route 240. The Roads Conn
mission replied that 1t did not
accept this condition, but the
matter has not been settled. It
Is likely to come before the PLAN
ners' regular meeting tomorrow.
Elaborate design plans for the,
park section of the belt road.
as well as development plans for
the surrounding park area, were
prepared for Maryland agencies
by the well known landscape
architect firm of Olmsted Bros.
Mr.. Barse, In his argument.
said such features were "all win
dow-dressing to try to make this
highway At the category of some
sort OF parkway" He contended
the belt road, IS miles long and
completely encircling Washing
ton. is admittedly a major
highway" except for the 2Ia.
mile strip through the park.
Traffic Question Raised.
One Of the main points raised
by Mr.. Barse in arguing for a
fun trial on the issue was thu
need for determining how much
traffic would use the road.
Mr.. Gasch argued that thu
planners were well aware of their
legal obligations In protecting
park areas, and set down strin-
gent restrictions the road would
have to meet to qualify as a
parkway. He said the planners
view parkways as q harmonious
park use"
Mr.. Barse challenged the PLAN
ners' authority to approve even q
parkway in the park land at issue
and added:
THE word parkway has been
accepted so widely and used by
so many agencies that now 1t
means q hundred, different
things"
Mr.. Northrop said the PLAN
ners' designation Of the belt road
is lust q rose called by another
name, and its purpose is not
changed in any way" He said
he viewed the road project IS the
opening wedge to the destruc-
ton of our park systePv