Hertelendy v. Montgomery County Board of Appeals

On an appeal from a decision of the Montgomery County Board of Appeals (Board) granting a variance to Nathan Landow (contract purchaser or Landow), one of the appellees, for a front yard of 50 feet for a lot in Bethesda, Montgomery County (the Landow lot or Lot 23-B), the Circuit Court for Montgomery County (Shook, J.) granted a motion of the Board to dismiss the appeal of Emery Hertelendy, the appellant, who owns two lots, one improved by his dwelling and the other vacant, directly across the street from the Landow property. The lower court held that Hertelendy had not shown in his petition…