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COPPOLINO v. COUNTY BD. OF APPEALS

No. 67, September Term, 1974.

23 Md. App. 358 (1974)

328 A.2d 55

DOROTHY COPPOLINO ET AL. v. COUNTY BOARD OF APPEALS OF BALTIMORE COUNTY. JOHN L. ASKEW ET AL. v. COUNTY BOARD OF APPEALS OF BALTIMORE COUNTY.

Court of Special Appeals of Maryland.

Decided November 18, 1974.

Attorney(s) appearing for the Case

Harry S. Swartzwelder, Jr., for appellants Dorothy Coppolino et al.

James D. Nolan and Newton A. Williams, with whom were Nolan, Plumhoff & Williams on the brief, for appellants John L. Askew et al.

No appearance for appellee, County Board of Appeals of Baltimore County.

The cause was argued before MORTON, DAVIDSON and LOWE, JJ.

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

This case presents the narrow question of whether the County Council of Baltimore County (Council) committed basic and actual "mistake", as that term is used in zoning law, when on 24 March 1971 it adopted a comprehensive zoning map on which the subject property, consisting of 32.907 ± acres, was classified as D.R.-5.5 (Density Residential, 5.5 dwelling units per acre).

Most of the facts are not in dispute...

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