SOMMERS v. CITY OF BALTIMORE

[No. 14, September Term, 1957.]

215 Md. 1 (1957)

135 A.2d 625

SOMMERS v. MAYOR AND CITY COUNCIL OF BALTIMORE ET AL.

Court of Appeals of Maryland.

Decided December 12, 1957.


Attorney(s) appearing for the Case

Eugene Hettleman for the appellant.

Shirley Brannock Jones, Assistant City Solicitor of Baltimore, with whom were Thomas N. Biddison, City Solicitor, and Hugo A. Ricciuti, Deputy City Solicitor, on the brief, for the City of Baltimore, appellee.

Submitted on brief by Murray MacNabb for the intervening defendants, appellees.

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


BRUNE, C.J., delivered the opinion of the Court.

The main question in this case is whether or not the bed of a nine-foot alley at the rear of a lot in Baltimore City, title to the bed of the alley being held by the lot owner, may be included in determining whether the lot meets the area requirements of the Baltimore City Zoning Ordinance for three-family occupancy of a three-story dwelling located on the lot. There is no dispute as to the facts that (1) if the area...

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