Price v. Levin

McWilliams, J., delivered the opinion of the Court. According to the chancellor, Jenifer, J., “the sole question before [him]” was whether the appellees (Levin) were “in violation of [certain] zoning regulations of Baltimore County [Section 409.1 to 409.5] relating to off-street parking.” Holding the appellants (Price) had failed to make out a prima facie case that there was such a violation, he granted, at the close of Price’s evidence, Levin’s motion to dismiss. Maryland Rule 535. We are unable to agree with his appraisal of Price’s evidence. ¹⁶⁰ Price was entitled to have the chancellor consider the evidence and all logical and reasonable inferences deducible therefrom in a light most favorable to him.

Allen v. Steinberg, 244 Md. 119 , 223 A. 2d 240 (1966). Viewed in that light there ■emerges from the evidence the following facts and circumstances. Since 1951, and perhaps before, Price has conducted an ice ■cream and dairy business on his property at 6005 Liberty Road, in Baltimore County. In 1961 the property adjoining to the west was sold to T. & L. Realty, Inc. (T. & L.), one of the appellees.

The building T. & L. proposed to erect was of such •a size as to require the off-street parking provided for in the zoning regulations. This was impossible of accomplishment by T. & L. without making use of a part of Price’s land. Following discussions between T. & L. and Price a “declaration” was •executed on 8 June 1961. On 31 October 1961 it was recorded.

It recited the intention of T. & L. to erect “one or more buildings comprising several stores and offices” and the agreement of the parties to establish and create “certain rights of use, ingress, egress and parking in and over” a part of Price’s land. The essential purpose of the instrument was to give T. & L. “parking facilities for not more than 15 automobiles” on Price’s land and to allow Price’s customers to park in the parking area on the T. & L. lot. On 27 June 1961 T. & L. filed an application for a permit to build a one story auto supply store and drug store. The dimensions were 147 feet along Liberty Road, 75 feet deep and 36 feet high.

The value of the completed improvements was stated to be $59,000 and a full basement was indicated. According to the plan filed with the application the easternmost 48.5 feet was to be devoted to the drug store. The plot plan (as later amended) filed with the application shows 42 parking spaces on the T. & L. property and 20 (5 more than Price agreed to) on Price’s property. After the granting of the building permit and while construction was under way an amended construction plan was ■filed with the Department of Permits and Licenses.

This called for suites of offices and a beauty parlor in the basement under the auto supply store. The basement under the drug store was •designated, as before, for storage use. On 14 December 1961 Charles B. Wheeler, the Director and Buildings Engineer of the ¹⁶¹ Department of Permits and Licenses wrote to T. & L. calling attention to its failure to obtain approval for the construction in progress in the basement. Additional off-street parking facilities apparently were not required by the officials who dealt