Hamilton Corporation v. Julian

Briscoe, J., delivered the opinion of the Court. This is a bill in equity brought by the appellees against the appellants, in the Circuit Court for Baltimore County, for an injunction to enjoin and restrain the defendants from erecting, maintaining and conducting a bowling alley and a moving picture theatre building upon its lot in the village of Hamilton, in Baltimore County. The defendant is a corporation duly incorporated under the laws of the State of Maryland, and its incorporators reside and own a lot in the village of Hamilton, adjoining the plaintiffs’ property. The plaintiffs are also residents of Hamilton, and own a lot therein, improved by a dwelling house, which they occupy as a home, and where they also conduct a boarding house as a means of livelihood.

The lot is described as situate on the southwesterly side of Hamilton avenue, having a frontage on this avenue of about fifty feet and extending thence southwesterly with an even width of fifty feet, about two hundred and fourteen and two-tenth feet and designated as lot number 8 on the plat of the land of the Lauraville Hall and Land Company of Baltimore County. The bill alleges that the village of Hamilton is exclusively a residential suburb of Baltimore City and that the section ⁵⁹⁹ of the plaintiffs’ residence is exclusively a residential neighborhood, except several places of business necessary and suitable for the accommodation of the residents of the community, and that these by their ordinary and proper use are not calculated to interfere with or impair the reasonable use and enjoyment of property in the neighborhood by the owners and occupants thereof. The hill then avers that the defendant corporation is erecting and constructing on its lot adjoining the plaintiffs’ property a building in which they are going to conduct public bowling alleys for profit; that the building is of large dimensions, over a hundred feet in length and by fifty feet in width, and is within twenty-five feet of plaintiff’s dwelling house; that this building is not susceptible of any other use, and that this use will impair the reasonable enjoyment of the plaintiffs’ property as a residence and a, boarding house. The bill further charges that the defendant is also about to erect and construct on its lot another building where they will conduct a moving picture theatre, and this building will be within twenty-one feet of plaintiffs’ dwelling, and that the uses to he made of both buildings, with the noises incident to such places, will work a special injury to the plaintiffs and their property.

That both the bowling alleys and theatre to he located and operated in the manner1 and way as proposed wfill deprive them of the reasonable use a.nd enjoyment of their property rights, render it untenable as a home for themselves and destroy its use and benefit as a moans of support for thorn and make it undesirable and unavailable as a. place of residence for their boarders and lodgers and greatly impair its value. The prayer of the hill is for an injunction restraining and enjoining the defendant, the Hamilton corporation: (1) From establishing, maintaining or conducting a, bowling alley, or bowling alleys, upon the lot in the village of Hamilton, in the Fourteenth Election District of Baltimore ⁶⁰⁰ Cquntyy designated as lot number 9 on said plat of tbe Laura--ville Hall- and Land Company of Baltimore County. i (2) That the defendant be enjoined from establishing, maintaining or conducting or causing to be established, mainlined or. conducted upon the lot a moving picture theatre. •• (3) That the defendant be commanded and required to remove immediately the bowling alley building now being erected by them upon the lot, and enjoined from erecting hereafter a bowling alley building thereon. ' (4) That the defendant be enjoined from erecting or con- structing on the lot a moving picture theatre building. (¡5) And for other and further relief as their case may re.quire. .' Subsequently the case was