Legal Opinion

Commissioners of Easton v. Covey

Court of Appeals of Maryland

Decided June 16, 1891PublishedCited by 31 opinions

Appeal from the Circuit Court for Talhot County. The case is stated in the opinion of the Court. The cause was submitted on brief, to Alvey, 0. J., Miller, Robinson, Irving, Bryan, Eowler, McSherry, and Brisooe, J. The powers conferred on the Commissioners are extensive, but are confined within well defined limits; and power to pass ordinances, or otherwise ££to regulate the erection of new buildings in the town of Easton ” is not among them.

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Appeal from the Circuit Court for Talhot County. The case is stated in the opinion of the Court. The cause was submitted on brief, to Alvey, 0. J., Miller, Robinson, Irving, Bryan, Eowler, McSherry, and Brisooe, J. The powers conferred on the Commissioners are extensive, but are confined within well defined limits; and power to pass ordinances, or otherwise ££to regulate the erection of new buildings in the town of Easton ” is not among them. They are given very extensive powers of taxation. Power to abate nuisances, to preserve the peace, to widen and improve the streets; and they have power…

1Opinion of the CourtMiller, J.

Covey, the appellee, applied to the Commissioners of Easton under an ordinance passed by them, for a permit to erect a frame stable on his lot on Harrison street in that town, in addition to the livery stable which he then had thereon, and tendered the sum of one dollar which the ordinance prescribed for every permit granted. The Commissioners refused to grant the permit. He then applied to the Circuit Court for a mandamus to compel *266them to so do.' The Commissioners in their answer say in substance, that under the ordinance referred to, no person has the right to erect any building in that…

2Cases cited4 opinions

  1. Mayor of Baltimore v. RadeckeCourt of Appeals of Maryland · 1878
  2. Harrison v. Mayor of BaltimoreCourt of Appeals of Maryland · 1843
  3. Vansant v. Harlem Stage Co.Court of Appeals of Maryland · 1883
  4. State v. RoweCourt of Appeals of Maryland · 1890

3Cited by31 opinions

  1. City of Des Moines v. Manhattan Oil Co.Supreme Court of Iowa · 1921
  2. Hubbell v. HigginsSupreme Court of Iowa · 1910
  3. Wilson v. Eureka CitySupreme Court of the United States · 1899
  4. Goldman v. CrowtherCourt of Appeals of Maryland · 1925
  5. Bostock v. SamsCourt of Appeals of Maryland · 1902

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