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ATTMAN v. MAYOR

No. 115, September Term, 1986.

314 Md. 675 (1989)

552 A.2d 1277

ATTMAN/GLAZER P.B. COMPANY v. MAYOR AND ALDERMEN OF ANNAPOLIS.

Court of Appeals of Maryland.

Motion for Reconsideration Denied March 28, 1989.

Attorney(s) appearing for the Case

Steven R. Migdal (Manis, Wilkinson, Snider & Goldsborough, Chartered, on the brief) Annapolis, for appellant.

Gary M. Elson, Asst. City Atty. (Jonathan A. Hodgson, City Atty., on the brief), Annapolis, for appellee.

Argued before MURPHY, C.J., ELDRIDGE, COLE, RODOWSKY, COUCH and McAULIFFE, JJ., CHARLES E. ORTH, Jr., Associate Judge of the Court of Appeals (retired, Specially Assigned).

McAULIFFE, Judge.

We are here concerned with the extent to which a municipality may "settle" the appeal of a zoning or similar land use case. We conclude that although a municipality may enter into a binding agreement concerning certain aspects of a land use case on appeal, it may not contract away the exercise of its zoning power.

The property in question is bounded by Northwest, Calvert, and Clay Streets in the City of Annapolis, and is currently improved...

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