Maryland case law › Scheydt v. Pratt Properties, Inc.

Scheydt v. Pratt Properties, Inc.

229 Md. 31 (1962) · Court of Appeals of Maryland
Court of Appeals of MarylandDisposition: Affirmed✓ Good law
HoldingThe Board of County Commissioners of Anne Arundel County rezoned a 41-acre tract near Glen Burnie from agricultural to light industrial, finding a substantial change in the character of the neighborhood since comprehensive zoning was adopted in 1952.

Per Curiam. On the ground that there had been substantial change in the character of the neighborhood since the adoption of comprehensive zoning in 1952, the Board of County Commissioners of Anne Arundel County granted rezoning from agricultural to light industrial of a 41 acre tract fronting on Quarterfield Road and on Old Stage Road, near Glen Burnie, on application of the appellee, the contract purchaser of the tract. Certain nearby residents, who had opposed the application, filed suit in the Circuit Court for Anne Arundel County to enjoin the rezoning. The case was submitted to the court on the record sent up by the County Commissioners.

The protestants had produced testimony by neighboring landowners and officers of interested civic associations to the effect that the change would devaluate properties in the neighborhood, increase traffic hazards, and constitute “spot” zoning, and that the subject property could in fact be developed for residential use. On the other hand, testimony was given on behalf of the appellee by an industrial realtor, a builder, and three individuals owning nearby properties. In regard to change in the character of the neighborhood, their testimony established a developing complex of major highways, with elaborate interchanges, in the immediate vicinity, and a general increase in traffic. The recently constructed Glen Burnie dual-lane by-pass adjoins one side of the subject property. 33 It was shown that the State Roads Commission has adopted

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