Legal Opinion

Boyce v. Sembly

Court of Special Appeals of Maryland

Decided March 7, 1975No. 153, September Term, 1974PublishedCited by 16 opinions

1Opinion of the CourtDavidson, J.

Lowe, J., concurs in the result and filed a concurring opinion at page 62 infra.

This case presents the narrow question of whether the County Council of Baltimore County (Council) committed basic and actual “mistake” or “error” as those interchangeable terms are used in zoning law, when on 24 March 1971 it adopted a comprehensive zoning map on which the subject property, consisting of 5.84 + acres, was classified as D.R.-5.5 (Density Residential, 5.5 dwelling units per acre).

Most of the facts are not in dispute. The subject property, located in a community known as Lutherville, lies in an area…

2Cases cited25 opinions

  1. Wakefield v. KraftCourt of Appeals of Maryland · 1989
  2. Offutt v. Board of Zoning AppealsCourt of Appeals of Maryland · 1954
  3. Jobar Corp. v. Rodgers Forge Community Ass'nCourt of Appeals of Maryland · 1964
  4. Hoffman v. Mayor of BaltimoreCourt of Appeals of Maryland · 1994
  5. Anderson v. SawyerCourt of Special Appeals of Maryland · 1974

20 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Mayor and Council of Rockville v. Rylyns Enterprises, Inc.Court of Appeals of Maryland · 2002
  2. Howard County v. DorseyCourt of Appeals of Maryland · 1982
  3. PEOPLE'S COUNSEL FOR BALTIMORE CTY. v. Beachwood I Ltd. PartnershipCourt of Special Appeals of Maryland · 1995
  4. Anne Arundel County v. Maryland National BankCourt of Special Appeals of Maryland · 1976
  5. White v. SpringCourt of Special Appeals of Maryland · 1996

11 more not listed; retrieve them via the Exa API.

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