Phillips v. Zoning Commissioner

The sole question on this appeal—arising out of an injunction proceeding instead of in a zoning case as might be expected—is whether the present use of a tract or parcel of land along the Baltimore-Washington Boulevard in Howard County as and for a junk yard constitutes a lawful nonconforming use.

No proceedings were taken by Johnny A. Phillips, Jr., and others (owners-appellants) to have the issue of a non-conforming use determined by the board of zoning appeals and the case came before the Circuit Court for Howard County on the bill of the zoning commissioner for an injunction. The…