DE FRANKS v. MAYOR AND CITY COUNCIL OF OCEAN CITY

No. 84-1624.

777 F.2d 185 (1985)

Steve J. DE FRANKS, Jr.; Robin C. De Franks; Kenneth W. Barney and Joan W. Barney, Appellants, v. MAYOR AND CITY COUNCIL OF OCEAN CITY and Council of Unit Owners of Pyramid Condominiums and Braemer Towers' Condominiums Association, Inc. and Daniel Scott Oliver t/a Oliver's Towing Service, and James Steve Venturino t/a Honey's Towing Service, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 21, 1985.


Attorney(s) appearing for the Case

Peter Ayers Wimbrow, III, Ocean City, Md., for appellants.

Thomas Waxter, Jr., (Kathleen Pontone, Donna L. Jacobs, Semmes, Bowen & Semmes, Baltimore, Md., on brief), and William J. Kobokovich, Jr., (George L. Huber, Jr., Huber & Lutche, Baltimore, Md., Guy R. Ayres, III, Ayres, Jenkins, Gordy & Almand, Ocean City, Md., John H. Bolgiano, Smith, Somerville & Case, Bayard Z. Hochberg, Baltimore, Md., on brief), for appellees.

Before SPROUSE and WILKINSON, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.


HAYNSWORTH, Senior Circuit Judge.

In two separate incidents, automobiles belonging to couples on vacation in Ocean City, Maryland were towed from private parking lots because of a failure to display required parking permits. In each instance, the automobile owners obtained release of their vehicle upon the payment of a $50 towing and impoundment fee. Each couple requested and obtained a post-impoundment hearing during which one hearing officer ruled that the tow was...

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