Sommers v. Mayor of Baltimore

The main question in this case is whether or not the bed of a nine-foot alley at the rear of a lot in Baltimore City, title to the bed of the alley being held by the lot owner, may be included in determining whether the lot meets the area requirements of the Baltimore City Zoning Ordinance for three-family occupancy of a three-story dwelling located on the lot. There is no dispute as to the facts that (1) if the area of the alley is excluded, the applicable area requirements for three-family occupancy are not met and (2) if the alley area may be included, such requirements are met. The Board…