Eldwick Homes Ass'n v. Pitt

Gilbert, C. J., delivered the opinion of the Court. Pursuant to Md. Rule 1035 a 2 and b 7, we dismiss the appeal of Eldwick Homes Association, Inc. v. Harvey L. Pitt et al. We so do because the record extract required by Md. Rule 1028 fails to include one word of the testimony adduced at the hearing before the County Board of Appeals for Montgomery County at the appellant’s hearing on the application for special exception to the Montgomery County zoning ordinance. ²¹² While the appendix of the appellant does contain a copy of the resolution of the County Board and a reproduction of the opinion of Judge Richard B. Latham in the Circuit Court for Montgomery County on appeal from the action of the County Board, the record abstract is absolutely devoid of the evidence, oral or physical, presented to the zoning board. While Judge Latham referred in his opinion to a number of incidents before the County Board and in some instances by page referred to the transcript, we are not required to ferret out from the record those materials which counsel should have printed in the abstract. Md. Rule 1028 (b) (1) provides: “The printed extract shall contain such parts of the record as may reasonably be necessary for the determination of the questions presented by the appeal, and shall ipclude: (a) The judgment appealed from, together with the opinion or charge of the lower court, if any.

(b) So much of the evidence, pleadings or other parts of the record as is material to any question the determination of which depends upon the sufficiency of the evidence, pleadings or other matter contained in the record to sustain any action, ruling, order or judgment of the lower