HUTZLER v. CITY OF BALTIMORE

[No. 175, October Term, 1954.]

207 Md. 424 (1955)

114 A.2d 608

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

Court of Appeals of Maryland.

Decided June 13, 1955.


Attorney(s) appearing for the Case

Edwin J. Wolfe, with whom was W. Walter Fernandis on the brief, for appellants.

Donald N. Rothman, with whom were Gordon, Feinblatt & Rothman on the brief for the appellee, The Shelburne Park Apartments, Inc.

The cause was argued before BRUNE, C.J., and DELAPLAINE, COLLINS, HENDERSON and HAMMOND, JJ.


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

The Board of Municipal and Zoning Appeals of Baltimore held, where a single lot lay all in a residential use district and all in an E area district, that the fact that the front part of the lot was in a one and one-half times height district, while the rear part was in a forty-foot height district, did not preclude the use of the part of the lot in the forty-foot height district as the required rear yard for an apartment...

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