MORTIMER v. HOWARD RESEARCH AND DEVELOPMENT CORP.

No. 1410, September Term, 1989.

83 Md. App. 432 (1990)

575 A.2d 750

ROSEMARY MORTIMER, ET AL. v. HOWARD RESEARCH AND DEVELOPMENT CORPORATION, ET AL.

Court of Special Appeals of Maryland.

June 27, 1990.


Attorney(s) appearing for the Case

Philip H. Gold, Ellicott City, and Robert H. Levan (Bernard A. Cook and Levan, Schimel, Richman, Belman, Abramson & Scanlan, P.A., Columbia, and Barbara A. Gold, Baltimore, on the brief), for appellants.

Paul T. Johnson, Deputy County Sol., Barbara M. Cook, County Sol. and Elizabeth B. Entwisle, Sr. Asst. County Sol. on the brief, Ellicott City, for appellee, Howard County Bd. of Appeals.

Susan M. Reutershan (John J. Delaney and Linowes and Blocher, Silver Spring, and James D. Lano, Columbia, on the brief for appellees, Howard Research and Besche Oil Corp.

Argued before MOYLAN, GARRITY, and ROSALYN B. BELL, JJ.


ROSALYN B. BELL, Judge.

This case presents two questions: (1) did the trial judge err in reversing a remand by the Board of Appeals of a Planning Board's decision in Howard County where the Board of Appeals is alleged to have exceeded its scope of review? and (2) which of these two agencies, if either, has standing in an appeal to the circuit court and to this Court?1 We conclude that the Board of Appeals wins on the decision issue.

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