Legal Opinion · Dissent

Crown Central Petroleum Corp. v. Mayor of Baltimore

Court of Appeals of Maryland

Decided May 7, 1970No. [No. 314, September Term, 1969.]Published

1DissentBarnes, J.

Although I agree with substantially all of the statements in the majority opinion in regard to the applicable law generally, I dissent because, in my opinion, the Board is required to state in its decision the facts on which it allegedly found from its own investigation of the site in question that the proposed car wash would create a traffic hazard.

It must be kept in mind that the exercise by the Board of its original jurisdiction under Article 30, Sections 41 to 44 of the Baltimore City Zoning Ordinance (Baltimore City Code, Everstine, 1966 Ed.) is a delegated and restricted legislative…

2Cases cited16 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  2. People Ex Rel. Fordham Manor Reformed Church v. WalshNew York Court of Appeals · 1927
  3. Barry v. O'ConnellNew York Court of Appeals · 1951
  4. Mayor of Baltimore v. BiermannCourt of Appeals of Maryland · 1947
  5. Stolz v. EllensteinSupreme Court of New Jersey · 1951

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