Mayor of Baltimore v. National Ass'n for the Advancement of Colored People
Mayor of Baltimore v. National Ass'n for the Advancement of Colored People
Opinion of the Court
delivered the opinion of the Court.
This is another zoning appeal. In this instance, when the Circuit Court No. 2 of Baltimore City declared Ordinance No. 1160 of the Mayor and City Council of Baltimore (the City)—approved December 19, 1957—null and void and enjoined the Schneider Bedding Company (Schneider) and others from utilizing the property rezoned by the ordinance for any use not permitted immediately prior “to the enactment of the ordinance,” the City and Schneider appealed.
Alleging damage to their respective properties and seeking declaratory and injunctive relief, this proceeding was instituted by a group of property owners in the neighborhood of the rezoned property as residents, citizens and taxpayers of the City of Baltimore. The National Association for the Advancement of Colored People (N.A.A.C.P.) and a residential protective association were also joined as parties in the bill of complaint. While it seems clear that these associations were not proper parties, no objection was raised below and we shall not consider it here since there are several parties plaintiff who are property owners. See Southland Hills Imp. Assn. v. Raine, 220 Md. 213, 151 A. 2d 734 (1959).
The evidence shows that prior to the passage of the ordinance the rezoned property was subject to a lawful non-conforming use in a residential zone. It had been used as a repair shop and garage for the storage of trucks, gasoline and oil for over thirty years. Surrounding the rezoned property
In addition to the above undisputed facts, there was also testimony by real estate experts, on behalf of the city and Schneider, to the effect that the rezoning would not adversely affect the surrounding properties or cause deterioration of the neighborhood because the area was already heavily commercialized, and that any change in use would be an improvement since the rezoned property could not be used for residential purposes. But there was no evidence of error in the original zoning or of a substantial change in the character of the neighborhood since the original zoning other than the granting of the special exception. On the contrary, although they produced no expert witnesses, there was testimony by the protesting property owners to the effect that they had consistently endeavored to preserve the residential character of the neighborhood, that the rezoning would seriously affect the enjoyment and value of their properties for future residential use, and that the restricted and actual use within the residential use district—despite the existing non-conforming uses and the sole special exception—was still predominantly residential as it has always been since the inception of zoning in Baltimore City.
(i)
The courts have long recognized the general rule that on a review of zoning and rezoning ordinances the function of the reviewing court is restricted and that such court may not substitute its judgment for that of the legislative body. On the contrary, whenever the validity of a zoning classification is fairly debatable, the legislative judgment should be controlling. Missouri Realty, Inc. v. Ramer, 216 Md. 442, 140 A. 2d 655 (1958); Wakefield v. Kraft, 202 Md. 136, 96 A. 2d 27 (1953); Village of Euclid v. Ambler Realty Co., 272 U. S. 365, 388 (1926).
While it is true that it is not the function of a court to zone or rezone but only to determine whether the legislative body has properly applied the law to the facts, it is, nevertheless, also true that when there is no basis for reasonable debate or there are no supporting facts in the record, a court can—and indeed it should—declare the legislative action to be arbitrary, capricious, discriminatory or illegal. Eckes v. Board of Zoning Appeals, 209 Md. 432, 437, 121 A. 2d 249,
(ü)
In answer to the second question presented it is not disputed that at least one of the plaintiffs was an adjacent property owner and as such was not only a proper party but had standing to attack the validity of the amending ordinance and to seek an injunction against the use of the property in question for any purpose other than that permitted immediately prior to the enactment of the rezoning ordinance. Cassel v. City of Baltimore, supra, at p. 353. Cf. Loughborough v. Rivermass, 213 Md. 239, 131 A. 2d 461 (1957).
(in)
The third question to the effect that it was error to admit into evidence prior actions of the Planning Commission and Board of Zoning Appeals because they were without power to zone or rezone is without merit in this case. The conten
The decree of the chancellor will be affirmed.
Decree affirmed, the appellants to pay the costs.
. Metzenbaum. in his work on Zoning says that this was the first zoning case to reach the Supreme Court of the United States. 1 Metzenbaum, Law of Zoning, p. 57 (3d ed., 1955).
Reference
- Full Case Name
- MAYOR AND CITY COUNCIL OF BALTIMORE v. NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE
- Cited By
- 26 cases
- Status
- Published