Hiss v. Mayor of Baltimore

⁶²¹ Briscoe, J., delivered the opinion of the Court. This is a bill for an injunction to restrain the Mayor and City Council of Baltimore from levying and collecting taxes for municipal purposes for the year 1905, at a rate in excess of sixty cents per $100 of the assessed value thereof, on certain property situate in that part of Baltimore City formerly Baltimore County, which was annexed to the city, under the Act of 1888, ch. 98. A demurrer to the bill was sustained and the bill dismissed by the Court below, upon the ground that the property in question was not landed property within the meaning of chap. 130 of the Acts of 1902, but was liable to taxation, at the full city rate after 1900, under sec. 19, ch. 98 of the Acts of 1888. There are two questions thus presented by the record and the decision of them will depend upon the construction to be given to sec. 19 of the Acts of 1888, ch. 98, known as the Annexation Act, and chapter 130 of the Acts of 1902.

It will be seen that sec. 19 of the Acts of 1888, provides in part that from and after the year 1900 the property real and personal, in the territory so annexed, shall be liable to taxation and assessment therefor in the same manner and form as similar property within the present limits of the city, may be liable, provided, however, that after the year 1900, the present Baltimore County rate of taxation shall not be increased for city purposes on any landed property within the territory, until avenues, streets or alleys shall have been opened and constructed through the same, nor until there shall be upon every block of ground so to be formed, at least six dwellings or store-houses ready for occupation. And by ch. 131 of the Acts of 1902, sec. 4A, was added to the Code of Public Local Laws and it was provided as follows: “Landed property,” property shall be construed to mean real estate whether in fee-simple or leasehold and whether improved or unimproved until avenues, streets or alleys shall have been opened and constructed shall be construed to mean until avenues, streets or alleys shall have been opened, graded, ⁶²² kerbed and otherwise improved from kerb to kerb by pavement, macadam, gravel or other substantial material; the words “avenues,” “streets” and “alleys,” being used interchangeably; block of ground shall be construed to mean an area of ground not exceeding two hundred thousand superficial square feet, formed and bounded on all sides by intersecting avenues, streets or alleys opened, graded, kerbed and otherwise improved from kerb to kerb by pavement, macadam, gravel or other substantial material, as above provided. It is admittedthat the property involved in this controversy is located within the limits of the territory annexed to the city of Baltimore under what is called the Annexation Act of 1888, and is situate in a block of ground bounded on the south by North avenue, on the east by St. Paul street, on the north by Twentieth street and on the west by Charles street; and that the block so bounded contains one hundred and twenty thousand superficial square feet or thereabouts. The bill avers that there is located within the block the following buildings and improvements, towit: One dwelling-house at the northeast corner of Charles street and North avenue, a fee-simple lot, improved by a one-story factory, fronting on North avenue and extending back to Twentieth street, the property of the appellant, at the northwest corner of St. Paul street and North avenue, the Immanuel