MD. AVIATION v. NEWSOME

No. 38, September Term, 1994.

337 Md. 163 (1995)

MARYLAND AVIATION ADMINISTRATION v. R. WAYNE NEWSOME.

Court of Appeals of Maryland.

January 13, 1995.


Attorney(s) appearing for the Case

Evelyn O. Cannon, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Louisa H. Goldstein and Janice G. Salzman, Asst. Attys. Gen., on brief), Baltimore, for petitioner.

Ira C. Cooke (Howard L. Alderman, Jr., Levin & Gann, P.A., on brief), Towson, for respondent.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ.


RODOWSKY, Judge.

In the area surrounding the Baltimore-Washington International Airport (BWI) a General Assembly enactment overlays on the county zoning a form of environmental zoning designed to protect building occupants from excessive noise. The regulatory scheme identifies areas of high levels of noise and, inter alia, prohibits new residential construction there, absent a variance. At issue in the instant matter is whether the agency empowered to grant...

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