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ABERLE v. BALTIMORE CITY

[No. 257, September Term, 1961.]

228 Md. 542 (1962)

180 A.2d 836

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

Court of Appeals of Maryland.

Decided May 8, 1962.

Attorney(s) appearing for the Case

Alexander Stark and H. Lee Allers, Jr., for the appellants.

Eugene A. Alexander, III, with whom was John P. O'Ferrall on the brief, for Purdue Apartments, Inc., one of the appellees.

Submitted on brief by Francis B. Burch, City Solicitor of Baltimore, and John A. Dewicki, Assistant City Solicitor, for the City, the other appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, HORNEY and MARBURY, JJ.

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

The decision in this case turns on the applicability of Maryland Rule B4 a (formerly Rule 1101 d 1) to appeals from the Baltimore Board of Municipal and Zoning Appeals to the Baltimore City Court.

The Building Engineer denied an application of Purdue Apartments, Inc., for a permit to erect an apartment building to house more families than the area requirements permitted. The applicant appealed to the Board and...

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