Kahl v. Consolidated Gas, Electric Light & Power Co.

Henderson, J., delivered the opinion of the Court. These consolidated appeals are from the refusal of the Chancellor to issue, in each case, a temporary injunction pending a hearing on the merits. The purpose of both bills was to restrain the defendant from constructing an overhead electric transmission line in the general neighborhood of Rockland, Baltimore County without having first obtained a special zoning permit to do so. Another phase of the controversy was before this Court in Johnson v. Consolidated Gas, Electric Light & Power Co., 187 Md. 454 , 50 A. 2d 918 .

The defendant filed answers to both bills, attacking the Zoning Regulations on constitutional and other grounds. Demurrers to the answers were interposed by the complainants, who also filed petitions for injunctions pendente lite. At the hearing, counsel for the Company stipulated in open court, which stipulation was confirmed in open court by its vice-president, that it would not proceed with any construction on the Texas-Mount Washington line in question until the issues involved were finally determined by the Court of Appeals, and that a temporary injunction might issue forthwith if it violated this agreement. The Chancellor then stated that he would reserve decision on the demurrers and petitions for injunction until completion of the testimony.

No order or decree was signed by the court, but orders of appeal from the rulings were filed by the complainants. A consolidated trial of the cases on the merits proceeded to completion in the court