Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-06-16
Leigh Is forget
Of ArIinetonion
In Kern Case

SUPERVISORS IN a heated zon-
ing controversy affecting both
governing bodies.
without naming names,
Thomas w. Richards told fell
low Arlington board members
yesterday he disapproved of
any public official who acts on
a rezoning request as a mem
Der Of one county government.
and then represents a party in
the same project before a Sec
ond governing body.
Mr.. Richards asked for a
study by the boards legislative
advisory committee ~ possible
laws to prohibit such actions.
The Arlington official clearly
was referring to Attorney A.
Claiborne Leigh, chairman of
the Fairfax supervisors, and the
latter's role in rezoning appli-
cations for a $14 million apart
ment project on a 26-acre tract
extending across the boundary
line between the two counties.
Represented Landowner
A story in The Star last Sum-
DAY told how Mr.. Leigh became
an attorney for the landowner.
Mrs. Ann Lee Kern, less than
AZ hours after his board ap-
proved rezoning Of the three
acres lying in Fairfax for
apartment construction.
Still later. Mr.. Leigh dis
cusSed the Arlington coming
case privately with three mem
bers Of the Arlington Board.
according to the three members
who said they were approached.
On June 4, however, the Airing
ton board unanimously rejected
the coming request, which had
been opposed by County Man
ager Bert w. johnson, the plan
ming commission. planning staff
and a vocal citizenry.
Yesterday Mr.. Richards said,
Il deplore any attempt by pro-
ponents or opponents of coming
cases to influence individual
board members in advance of
-. public hearings by attempt
ing to present their case in pri-
vate." Then, in obvious refer
ence to Mr.. Leigh's position in
the Kern case, he added:
Il do not believe it is in the
public interest for a present or
former member of any other
governing body in this State
who has Just acted in his Off
cial capacity upon the request
Of a citizen for a coming change
to appear before us on a simA-
lar coming case as the personal
attorney for such a citizen"
Leigh, Voices Disagreement
Mr.. Leigh. who appeared be-
fore the Arlington board yes
terday to say a new proposal
would be made soon for use of
the Kern tract, commented
later he did not agree with Mr..
Richards conclusions.
Mr.. Leigh said he was I'M
convinced that any rules would
restrain citizens" from dis
cussing proposals Gin public, in
private, by letter or on the
telephone with their elected
legislative representatives"
He added: II consider myself
as far above suspicion in my
conduct in public office as he,
or any other member OF any
county board or city council in
Virginia"
Mr.. Richards Arlington COL
leagues agreed with his view
that board members should not
be subjected to private pres
sure, but differed in their esti-
mate Of how far a board mem
Der should go in communicate
ing with his constituents about
matters up for board consid-
Grafton.
New Proposal Discussed
In reply TO Mr.. Leigh's state
ment that the Kern project
would be coming back for re-
newed consideration, board
members advised him the new
proposal would have 10 be "sig-
nificantly" different from the
rejected application II II was
10 be reviewed again within the
year.
Later. Mr.. Leigh said the plan
under discussion would be for
a IL or l3-acre portion OF the
tract, which is located on Will
son boulevard near the Willston
apartment development on the
Fairfax County line. He said
the new plan would call for
lower density apartments than
those first proposed.
In other action. the board
reappointed Preston c. Caruth-
erS and Lutrelle r. Parker 20
the county planning comission.
and named Sidney o. Dewberry
and Hall Gibson 10 four-year
terms on the commission.
In a third development. board
members approved an amend
ment 10 the Civil Service ordi-
nance that would prohibit rae
ial discrimination in hiring.
promoting, and retaining
county employees. This action
iormalized the stand the board