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BISER v. TOWN OF BEL AIR

Nos. 92-1675, 92-1732.

991 F.2d 100 (1993)

Robert F. BISER, Plaintiff-Appellant, v. TOWN OF BEL AIR; Carol Deibel; Edsel A. Docken, Sr.; James M. Decker; John E. Yantz; Donald Young; D. David Ranney, Jr., Defendants-Appellees. Robert F. Biser, Plaintiff-Appellee, v. Town of Bel Air; Carol Deibel; Edsel A. Docken, Sr.; James M. Decker; John E. Yantz; Donald Young; D. David Ranney, Jr., Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided April 2, 1993.

Attorney(s) appearing for the Case

W. Michel Pierson, Pierson, Pierson & Nolan, Baltimore, MD, argued for appellant.

Carol Brenick O'Keeffe, argued (Robert H. Levan, on brief) Levan, Schimel, Belman & Abramson, P.A., Columbia, MD, for appellees.

Before WILKINSON and WILKINS, Circuit Judges, and PAYNE, United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

WILKINSON, Circuit Judge:

This case arises from a local zoning dispute in Bel Air, Maryland. Appellant Robert Biser claims that the Town of Bel Air deprived him of substantive due process when it denied him a "special exception" that would have permitted him to construct two commercial office buildings in an area zoned for residential use. The Circuit Court for Harford County, Maryland held that the Town was equitably estopped from denying Biser...

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