Banner v. Home Sales Company D

Collins, J., delivered the opinion of the Court. This is an appeal from a decree dismissing appellants’ bill of complaint. On March 18, 1952, appellants filed a bill of complaint against the appellees alleging, for the purposes of this case, the folowing. Five acres of land owned by the appellees had, before November 27, 1947, been tentatively zoned on the zoning map by the Board of County Commissioners of Anne Arundel County (the Board) as “Cottage Residential”.

Mr. Charles H. Doing, one of the appellees, appeared at a meeting of the Board on November 27, 1947, and requested that the proposed zoning of his five acres of land be changed from “Cottage Residential”, so there could be constructed thereon certain semi-detached and group houses. He further requested that no zoning regulations be permitted to interfere with his project, due to the vast sum of money he had already invested therein. Due to this request the ⁴²⁷ Zoning Commission was then instructed by the Board to consider the requested changes and to re-present such zoning map at the next meeting of the Board. A meeting was later held by the Board on December 2, 1947, when the zoning of appellees’ property was changed to “Group Housing”, without notice or advertisement to the public.

On December 19, 1951, appellees applied for building permits to build 73 dwellings on their land. Nothing was shown to indicate that these applications were for group houses and permits were issued. On December 28, 1951, Home Sales Company, one of the appellees, was advised by the Zoning Commissioner that no construction was to be started until the plans and specifications had been resubmitted and corrected. Even though the plans have not been approved by either the Board or the Zoning Commissioner, and even though the land has been improperly zoned, the appellees have persisted and are now building foundations for 73 group houses.

If the 73 group houses are built they will depreciate th< value of appellants’ property and be detrimental to the health, safety and general welfare of the community. On March 6, 1952, prior to the beginning of the construction of said houses by the appellees, the appellants and others filed with the Zoning Commissioner a petition to change the zoning of the aforesaid property from “Group Housing” to “Cottage Residential” and said petition is to be acted upon by the proper officials according to law. The change in zoning from proposed “Cottage Residential” to “Group Housing” was arbitrary, unreasonable, discriminatory, and constitutes spot zoning without any substantial relation to the public health, safety or general welfare, and without notice to the public generally or to the appellants. The bill