Montgomery County sentinel., 1963-08-22
Judge Shook
Hears Plea
On Zoning

An appeal from a County
Council decision granting re-
zoning of four adjoining tracts
in the Wheaton area for apart
ment and business use was
taken under consideration Mon
day by Montgomery County Cir
cult Court Judge Kathryn
Shook.
Involved is a request from
John w. Molyneaux that the
court reverse the councils re-
zoning of some 43 acres in the
general area of Georgia Avenue
and Randolph and Layhill
Roads, all of an existing classi-
fication of R-90 (single.family
dwellings,. Two of the sites
would be changed to R-30
(multiple-family apartments) +,
one to CO business Offices
and one to C-1 general CONNER
cial.
Applicants for the changes ap-
proved by the council, all repre-
sented by Attorney Robert Lin
owes, include Nathan Metz, a
contract purchaser; Glenmont
Hill Joint Venture, Glen Ernie
Inc. and Donald C. Bradley and
other unnamed property own
ers. In taking the case under
advisement, Judge Shook gave
no indication of when a decision
would be announced.
The appeal originally was
filed by Molyneaux along with
Philip Marcus and Frank Vra-
teric Dr., all residents of the
Wheaton area. However, in a
brief hearing last week, at
which MOlyneaux was unable to
be present, Judge Shook held
that the other two did not live
close enough to the affected
property to be "aggrieved" by
any rezoning decision Of the
council.
At Mondays hearing Molly
neaux's attorney, Arthur Butler,
charged that the zone changes
were arbitrary and capricious.
He contended that there had not
been sufficient change in the
general character of the neigh
borhood to justify a rezoning,
that the council had disregarded
opinions of qualified planning
officials while giving preference
to the testimony of planning
consultants and that the zone
change would have an adverse
personal effect on the COM
plainant.
The charges were denied by
Assistant County Attorney Law
renee E. Speelman, appearing
on behalf of the council, and
Linowes. The latter cited an
earlier instance in which he held
that Molyneaux had been reject
ed in an appeal from a similar
decision by the previous council,
involving property closer to his
home than the tracts currently
at issue, on the grounds that the
change in the character of the
neighborhood had justified the
rezoning.
Expansion of nearby shopping
and commercial facilities since
the R-90 zone was created in
1854 have brought Substantial"
changes in the general area,
Linowes contended. He defend
ed the councils acceptance of
the testimony of private plan
ming consultants in the case on
the, ground that the advisors
were highly regarded and
reputable"
At one point in the hearing,
Judge Shook pointed out that it
was based on testimony heard
by the council during the orig
inal zoning hearing and said she
could find no evidence that
Molyneaux had contended then
that he would be personally"
affected. The attorney argued
that the fact that his client was
the father of five children indi-
Gated he would be affected by
the impact of an increase in
area population on public
schools as well as other youth
facilities.
The appeal was the result of
a decision handed down by the
council on May 21, about a
month after the applications
were aired at a public hearing.
Three of the tracts involved
were rezoned by overwhelming
votes but the fourth, involving
R-30 coming of 6.6 acres just
north of the intersection of
Georgia Avenue and Glenmont.
Layhill Roads, was approved by
a 4-3 margin.