FALLON v. CITY OF BALTIMORE

[No. 121, September Term, 1958.]

219 Md. 110 (1959)

148 A.2d 709

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

Court of Appeals of Maryland.

Decided February 17, 1959.


Attorney(s) appearing for the Case

Daniel B. Leonard, with whom were Francis J. Valle and Bowie, Burke & Leonard on the brief, for the appellants.

Wilfred T. McQuaid, with whom was Leonard A. Orman on the brief, for the appellee Edmondson Holding and Developing Corporation.

William C. Rogers for the appellees Elizabeth Seitz Lee, et al., Intervenors.

Submitted on brief by Hugo A. Ricciuti, Acting City Solicitor, and Shirley Brannock Jones, Assistant City Solicitor, for the appellee Mayor and City Council of Baltimore.

The cause was argued before HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ., and OPPENHEIMER, J., Associate Judge of the Eighth Judicial Circuit, specially assigned.


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

The City Council rezoned a two-acre lot in Baltimore, on the west side of York Road running north from Gittings Avenue, owned by the Seitz family, from residential to first commercial; and neighbors filed a bill to invalidate the rezoning ordinance as being for the sole benefit of the owners and to the detriment of the neighborhood, without any consideration for the general...

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