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VALLEYS PLANNING COUNCIL, INC. et al. v. BOYS’ SCHOOL OF ST. PAUL’S PARISH, INC.
Zoning — Maximum building envelope — Standing Appellee/Cross-Appellant, the Boys’ School of St. Paul’s Parish, Inc., (“St. Paul’s”), located in the Green Spring Valley of Baltimore County, has an historic pedigree of educating boys, dating back to 1853. The school property is located in the Resource Conservation 2 (Agricultural) Zone, (“RC2”), which permits private school[...]
BACK RIVER LLC, et al. v. ARNOLD JABLON, et al.
Zoning — Statute of limitations — Judicial tolling Judicial tolling is a narrow and disfavored doctrine, rarely invoked and even more rarely affirmed. Overreliance on judicial tolling can “turn a legislative judgment as to a filing deadline into judicial balancing of competing equities, conferring on the judicial branch broad discretion to ameliorate the stern commands […]
JACQUES GELIN, ET AL. v. BOARD OF APPEALS OF THE CITY OF ROCKVILLE, ET AL.
Administrative law — Application for special exception — Adequacy of evidence and findings This case involves a special exception application filed by Rubina Mohammed (“applicant”), to increase the number of children in her Rockville home child care business from eight to twelve children. Jacques Gelin and other members of the West End Citizens’ Association (“WECA”), [&hellip[...]
NORTH COURT ASSOCIATES, LLC v. CITY OF FREDERICK PLANNING COMMISSION
Zoning — Addition of multipurpose room — Purpose and intent of land management code Good fences may make good neighbors, but removing a hedge apparently can sour a neighborly relationship. The Evangelical Reformed United Church of Christ (the “Church”) and North Court Associates, LLC (“North Court”) own perpendicularly adjoining properties in downtown Frederick. The Church [&he[...]
SIENA CORPORATION, ET AL. v. MAYOR AND CITY COUNCIL OF ROCKVILLE, MARYLAND
Zoning — Enactment of text amendment — Legislative action This case comes to this Court as an appeal by Siena Corporation (“Siena”), a Maryland corporation, and Rockville North Land, LLLP, a Maryland limited liability limited partnership, appellants, regarding the adoption of Zoning Text Amendment TXT2015-00239 (“Text Amendment”) by the Mayor and Council of Rockville (“the [&[...]
FREELAND COMMUNITY ASSOCIATION ET AL. v. HZ PROPERTIES, LLC
Zoning — Subdivision plan — Administrative res judicata This appeal is from a judgment of the Circuit Court for Baltimore County entered in a judicial review of a decision by the Baltimore County Board of Appeals. The appellants are the Freeland Community Association, individual members of that organization, and the People’s Counsel of Baltimore County. […]
THOMAS M. STORK, ET AL. v. TALBOT INTERFAITH SHELTER, INC.
Zoning — Special exception — Homeless shelter Appellants, Thomas M. Stork, along with others, 1 (“Stork” or “opponents”), appeals the Easton Board of Zoning Appeals’s (“the Board’s”) approval of appellee Talbot Interfaith Shelter, Inc.’s (“TIS’s”), application for a special exception2 to operate a homeless shelter within the Central Business Commercial District [...]
CHANEY ENTERPRISES LIMITED PARTNERSHIP, ET AL. v. COUNTY COUNCIL OF PRINCE GEORGE’S COUNTY, MARYLAND SITTING AS THE DISTRICT COUNCIL
Zoning — Restrictions of sand and gravel mining — Failure to submit plan for comments In this case, appellants, representatives of the sand and gravel industry, challenged an area master plan amendment of appellee, Prince George’s County District Council, restricting sand and gravel mining in a portion of the County. These restrictions were upheld by […]
JAMES KEISER, ET AL. V. BOARD OF COMMISSIONERS OF CARROLL COUNTY, ET AL
Zoning — Amendment to map based on mistake — Substantial evidence Appellants, James Keiser along with others, 1 challenge a zoning map amendment by appellee Board of County Commissioners of Carroll County (“The Board”) reclassifying a 4.45 acre parcel (“the Property”) owned by appellee Brian and Virginia DiMaggio, LLC (“DiMaggio”) from B-NR (“Business Neighborhood Retail�[...]
CLARKSVILLE RESIDENTS AGAINST MORTUARY DEFENSE FUND, INC., ET AL. v. DONALDSON PROPERTIES, ET AL.
Zoning — Adverse-effects test — Mortuary in rural residential zone Appellant, Clarksville Residents Against Mortuary Defense Fund, Inc., (“Clarksville”), appeals the appellee Howard County Board of Appeals’s (“the Board’s”) approval of appellee Donaldson Properties’s (“Donaldson’s”), application for a conditional use to build a funeral home and mortuary within a rur[...]
FRED R. ROSEN v. SHARON UNDERKOFFLER, ET AL.
Zoning — Home business — Contracting business or professional office Section 158.071(E) of the Carroll County Zoning Ordinance (the “Ordinance”) permits offices for certain types of professions as accessory uses in residences located within the County’s Conservation District. Fred R. Rosen’s residence is located in the Conservation District and he wishes to continue to operate [...]
BOARD OF COUNTY COMMISSIONERS OF FREDERICK COUNTY, MARYLAND v. JANIE M. DENN, ET AL.
Zoning — Subdivision application — Mootness The Frederick County Board of County Commissioners (“the County”), the appellant, noted this appeal from an order of the Circuit Court for Frederick County dismissing its action for judicial review. The Zoning Board of Appeals for The City of Frederick (“the Board”), Janie M. Denn, and Charles F. Trunk, […]
