Norwood Heights Improvement Ass'n v. Mayor of Baltimore
Norwood Heights Improvement Ass'n v. Mayor of Baltimore
Opinion of the Court
delivered the opinion of the Court.
This is an appeal by Norwood Heights Improvement Association, Inc., appellant, from an order of the Baltimore City Court affirming the decision of the Board of Municipal and Zoning Appeals of Baltimore City, hereinafter referred to as the Board, which approved applications of Leonard Stulman, trading as The Glenbrook Apartment Company, appellee, for permits to erect eighteen dwelling units to accommodate eighty families, with parking lots.
The applications were approved by the Building Engineer of Baltimore City and brought to the Board by a negative appeal. In this appeal the reason given why the permits should be denied is: “It is in violation of ordinance No. 1247, and the Baltimore City Building Code.” After the decision of the Board the appellant appealed to the Baltimore City Court and from the decision affirming that Board the appellant appeals here.
Ordinance 1247, paragraph 32(d) provides in part: “(d) Appeals to the Board of Municipal and Zoning Appeals may be taken by any person aggrieved, or by any officer, department, board or bureau of the municipality affected, by any decision of the Zoning Commissioner. Such appeal shall be taken within a reasonable time as provided by the rules of the Board by filing with the Zoning Commissioner and with the Board of Municipal and Zoning Appeals a notice of appeal, specifying the grounds thereof. * * *”
At the hearing before the Board and at the hearing in the Baltimore City Court the appellant offered no evidence and presented no witnesses but claimed that the drawings submitted to the Board showed violation of Ordinance 1247.
In the very recent case of the Norwood Heights Improvement Association, Inc., v. Mayor and City Council of Baltimore City and the College Gardens Corporation,
Just what this Court pointed out in Norwood Heights Improvement Association, Inc. v. Mayor and City Council, supra, hereinbefore quoted, could not be done, appellant actually did in the instant case.
A motion has been filed by the appellees in this case to dismiss the appeal, among other reasons, because the appellant is not within the classes of parties or persons authorized to maintain the statutory appeals provided by Section 7 of Article 66B of the Annotated Code of Maryland, (1939 Ed.), and by the similar provisions of Section 35 of Ordinance 1247, adopted March 30, 1931, of the .Mayor and City Council of Baltimore, because it has offered no evidence that it is a tax-payer or a person aggrieved by the decision below or that it has any interest to be affected by the outcome of this case. In the answer filed by one of the appellees in the Baltimore City Court it is stated among other things: “* * *
Appeal dismissed, with costs.
Reference
- Full Case Name
- NORWOOD HEIGHTS IMPROVEMENT ASSOCIATION, INC. v. MAYOR AND CITY COUNCIL OF BALTIMORE
- Cited By
- 7 cases
- Status
- Published