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CASSEL v. CITY OF BALTIMORE

[No. 172, October Term, 1949.]

195 Md. 348 (1950)

73 A.2d 486

CASSEL ET UX. v. MAYOR AND CITY COUNCIL OF BALTIMORE ET AL.

Court of Appeals of Maryland.

Motion for reargument and petition to stay mandate filed June 12, 1950.

Both denied June 14, 1950.

Attorney(s) appearing for the Case

C. Arthur Eby for the appellants.

Hamilton O'Dunne, Assistant City Solicitor, with whom were Thomas N. Biddison, City Solicitor, and Edwin Harlan, Deputy City Solicitor, on the brief, for the appellees the Mayor and City Council and the appellee Paul A. Cohen in his two capacities.

W. Frank Every for the appellees Ellsworth Armacost and Marion P. Armacost, his wife.

The cause was argued before MARBURY, C.J., DELAPLAINE, COLLINS, GRASON, HENDERSON, and MARKELL, JJ.

DELAPLAINE, J., delivered the opinion of the Court.

This suit in equity was instituted by seven residents of the Howard Park section of Baltimore (1) to annul Ordinance 632, approved April 1, 1949, which amends the Baltimore City Zoning Ordinance by reclassifying the property at 5118 Gwynn Oak Avenue, owned by Ellsworth Armacost and his wife, from residential to first commercial use district for the purpose of permitting them to conduct a funeral home on the premises...

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