" A factual finding by a trial court will not be disturbed on appeal unless it appears to be clearly erroneous. Hearst Radio v. Good, 1937, 67 App.D.C. 250, 91 F.2d 555; Hazen v. Hawley, 66 App.D.C. 266, 86 F.2d 217, certiorari denied 1937, 299 U.S. 613, 57 S.Ct. 315, 81 L.Ed. 452; Hotel Lafayette v. Pickford, 1936, 66 App.D.C. 211, 85 F.2d 710, 711; Dear v. Guy, 64 App. D.C. 314, 78 F.2d 198, certiorari denied sub nom. Macrae v. Guy, 1935, 296 U.S. 585, 56 S.Ct. 96, 80 L.Ed. 414; Matson v. Rusch, 1932, 61 App.D.C. 184, 59 F.2d 360. The rule is no different in a suit seeking an injunction, Jameson v. Brown, 1940, 71 App. D.C. 254, 109 F.2d 830; Castleman v. Avignone, 1926, 56 App.D.C. 253, 12 F.2d 326. Our review of the record causes us to conclude that the District Court was fully justified in reaching its conclusion.
We have only to determine therefore whether under the evidence this finding was clearly wrong. McLarren v. McLarren, 1916, 45 App.D.C. 237, 1 A.L.R. 1412; Matson v. Rusch, 1932, 61 App.D.C. 184, 59 F.2d 360; Garrity v. District of Columbia, 1936, 66 App.D.C. 256, 86 F.2d 207. We have read the record with care.
The findings of the chancellor on the subject of knowledge are in the Bank's favor. Under the rule settled in this jurisdiction, while we are not absolutely bound by a chancellor's findings of fact, we do not disturb them on appeal unless upon an examination of the evidence they are clearly wrong. Dear v. Guy, 64 App.D.C. 314, 78 F.2d 198, certiorari denied, sub nomine Macrae v. Guy, 296 U.S. 585, 56 S.Ct. 96, 80 L.Ed. 414; Pollock v. Jameson, 63 App. D.C. 152, 70 F.2d 756; Rhoderick v. Swartzell, 62 App.D.C. 180, 65 F.2d 813, certiorari denied 290 U.S. 677, 54 S.Ct. 100, 78 L.Ed. 584; Matson v. Rusch, 61 App.D.C. 184, 59 F.2d 360; Garrity v. District of Columbia, 66 App.D.C. 256, 86 F.2d 207; Hazen v. Hawley, 66 App.D.C. 266, 86 F.2d 217. See, also, United States v. United Shoe Mach. Co., 247 U.S. 32, 41, 38 S.Ct. 473, 62 L.Ed. 968. We cannot, I think, say under the evidence that the chancellor's findings are clearly wrong.
I. Did the trial court properly find that the classification of appellee's property in the "`B' restricted-area district", forbidding the erection of an apartment house, was arbitrary: Under the rule settled in this jurisdiction, while we are not absolutely bound by a chancellor's findings of fact, we do not disturb them on appeal unless upon an examination of the evidence they are clearly wrong. Dear v. Guy, 64 App.D.C. 314, 78 F.2d 198; Pollock v. Jameson, 63 App.D.C. 152, 70 F.2d 756; Rhoderick v. Swartzell, 62 App.D.C. 180, 65 F.2d 813, certiorari denied 290 U.S. 677, 54 S.Ct. 100, 78 L.Ed. 584; Matson v. Rusch, 61 App.D.C. 184, 59 F.2d 360. See, also, United States v. United Shoe Mach. Co., 247 U.S. 32, 41, 38 S.Ct. 473, 62 L.Ed. 968. We have examined the record with care.
V. Did the trial court properly find that the Commission was not arbitrary in its denial, in 1931, of the appellant's petition for rezoning? Under the rule settled in this jurisdiction, while we are not absolutely bound by a chancellor's findings of fact, we do not disturb them on appeal unless upon an examination of the evidence they are clearly wrong. Dear v. Guy, 64 App.D.C. 314, 78 F.2d 198; Pollock v. Jameson, 63 App.D.C. 152, 70 F.2d 756. Rhoderick v. Swartzell, 62 App.D.C. 180, 65 F.2d 813, certiorari denied 290 U.S. 677, 54 S.Ct. 100, 78 L.Ed. 584; Matson v. Rusch, 61 App.D.C. 184, 59 F.2d 360. See, also, United States v. United Shoe Mach. Co., 247 U.S. 32, 41, 38 S.Ct. 473, 62 L.Ed. 968. As appears from the statement of facts above, there was a conflict of evidence in the trial court on the question whether the continued inclusion of the plaintiff's property in the "`A' restricted-area district" bore any reasonable relation to the protection of the public health, the securing of the public safety and the protection of property in the District of Columbia. There was substantial evidence in support of the appellant's prayer for change of zoning, and substantial evidence in opposition. In view of this, and of the rule above stated, we are unable to say that the trial court must have found the action of the Commission arbitrary. Only if there is arbitrary action on its part can the courts intervene.