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RAY v. BALTIMORE

No. 21, September Term, 2012.

59 A.3d 545 (2013)

430 Md. 74

Benn RAY, et al. v. MAYOR AND CITY COUNCIL OF BALTIMORE, et al.

Court of Appeals of Maryland.

January 22, 2013.

Attorney(s) appearing for the Case

G. Macy Nelson ( David S. Lynch of Law office of G. Macy Nelson, LLC, Towson, MD), on brief, for petitioners.

Charles S. Hirsch ( Jon M. Laria of Ballard Spahr LLP, Baltimore, MD; Jason T. Vettori of Smith, Gildea & Schmidt, LLC, Towson, MD), on briefs, for respondents.

Sandra R. Gutman , Chief Solicitor ( George A. Nilson , City Solicitor, Adam S. Levine , Assistant Solicitor, Baltimore City Department of Law, Baltimore, MD), on brief, for respondents.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, ADKINS, BARBERA, and McDONALD, JJ.

ADKINS, J.

Petitioners here seek to block a Planned Unit Development ("PUD") with a Wal-Mart supercenter in Baltimore City, but have been stymied by Circuit Court and appellate rulings against them on the threshold question of standing. Although the test to show standing has been established in Maryland for more than half a century, the issue continues to generate appellate cases. That is partly because the test is fact-sensitive...

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