Leroux v. Baltimore

Marbury, J., delivered the opinion of the Court. This appeal is from the Circuit Court for Montgomery County which reversed a resolution of the Montgomery County Council, sitting as the District Council for the portion of the Maryland-Washington Regional District located in Montgomery County, Maryland, granting appellant’s request to rezone Lot 35 of Block 45 of the Carroll Manor Addition to Takoma Park from R-60 (one-family detached residential) to C-l (local commercial). Originally the application for rezoning covered both Lots 35 and 36 but the applicants were permitted to withdraw their request as to Lot 36 without prejudice. Preceding the hearing before the County Council, the technical staff of the Maryland-National Capital Park and Planning Commission issued a report recommending that the application for rezoning be denied pointing out that “this area is covered by the Master Plan for Takoma-Langley Park and Vicinity and it is recommended that the area remain in its present single-family residential classification.” However, the Montgomery County Planning Board recommended approval of the requested reclassification on the ground that the area had been given a commercial character by commercial zoning on the opposite side of Carroll Avenue.

Both the appellants and the Mayor and City Council for Takoma Park appeared at the hearing before the Council by their respective attorneys. Certain statements were made by counsel for the applicants who introduced plats and photographs into evidence, but no testimony was taken. The County Council adopted the reasoning set forth by the Planning Board and by its resolution granted the application for rezoning. The appellees here appealed to the Circuit Court for Montgomery County alleging that the individuals were property owners within sight of and within one block of the subject property.

The Mayor ¹⁰⁹ and City Council joined in the petition for appeal alleging that it has the responsibility of the orderly development of land within its corporate limits and is responsible also for regulating traffic and providing police and fire protection within the city. In reversing the Council, Judge Shure noted from the statements that had been made before the Council, that the entire block was presently and was at the time of the adoption of the master plan made up completely of residential .single family dwellings; that there had been no change in the character of the neighborhood; and that there was no mistake in the adoption of the original master plan. He also noted that there was no evidence before the Council that justified its resolution, since only the statements of attorneys for the parties were before the Council, that the appellees were aggrieved parties, and that the action of the Council was arbitrary, capricious and without any legal' justification. We find ourselves unable to say that the trial judge was clearly erroneous in making his findings of fact or that he erred in applying the laws.

The appellants argued in their brief and before us that the appellees had no standing in the court below as they were not aggrieved parties. To this end they cite cases that say that being in proximity to the rezoned property or being in sight of it is not alone sufficient to justify the striking down of the action of the zoning authority. These cases are clearly distinguishable on their facts. In DuBay v. Crane, 240 Md. 180 , 213 A. 2d 487 , it was found that the nearest of the parties who claimed to be aggrieved was 1500 feet from the subject property and on the opposite side of a beltway.

In Wilkinson v. Atkinson, 242 Md. 231 , 218 A. 2d 503 , the subject property was also separated from the property of the complaining party by a beltway and was 750 feet away. In the instant case the properties of the appellants and of the individual appellees are located within the same block of a residential area and are separated by only 200 feet. The rule in effect in this state was set forth by Judge Horney in Pattison v. Corby, 226 Md. 97, 102 , 172 A. 2d 490 , where it was said: “* * * the text writers and the cases in this and other jurisdictions are in general agreement