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· 6/8/1967

Bryniarski v. Montgomery County Board of Appeals

Citations

  • 230 A.2d 289
  • 247 Md. 137
  • 1967 Md. LEXIS 347

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that landowners whose properties were “contiguous or close in proximity” to a proposed hotel had standing to challenge in court the grant of a special exception
  • holding as prima facie aggrieved protestants described as “owners of property immediately contiguous or in close proximity of the proposed site for the apartment hotel”
  • noting that, “the opportunity of denial and rebuttal is not a substitute for cross-examination” unless the administrative body is acting in a legislative rather than a judicial capacity
  • asserting that only an allegation of aggrievement is necessary; “[i]t is sufficient if the facts constituting aggrievement appear in the petition for appeal either by express allegation or by necessary implication”
  • analyzing the definition of a “person aggrieved” under the then-current zoning law, Md.Code (1957, 1965 Cum.Supp.
  • granting landowners adjoining landowner standing to challenge a special exception granted by the Montgomery County Board of Appeals

Source: CourtListener parenthetical corpus (CC0).

Judges: Barnes, Hammond, Hornby, Marbury, Barnbs, McWibbiams, Finan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.