Francis v. MacGill

• Decision Date: 19 July 1950
• Docket Number: 209.
• Citation: 75 A.2d 91,196 Md. 77
• Parties: FRANCIS et ux. v. MacGILL et al.
• Court: Maryland Court of Appeals

75 A.2d 91

196 Md. 77

FRANCIS et ux. v. MacGILL et al.

No. 209.

Court of Appeals of Maryland.

July 19, 1950

James J. Francis, Bethesda, in pro. per.

Charles E Hogg and W. Henry Forsythe, Jr., both of Ellicott City, for appellees.

Before MARBURY, C J., and DELAPLAINE, COLLINS, GRASON, and HENDERSON, JJ.

GRASON, Judge.

On July 2, 1945 James J. Francis and Mildred S. Francis, his wife, purchased from Arthur M. Lucas and Edna Lucas, his wife, a parcel of land containing about three and one-quarter acres, situate in the Sixth Election District of Howard County, Maryland, the same being located on the east side of the Laurel-Highland Road, about 1750 feet southeast of the intersection of the Columbia Road and the Laurel-Highland Road; the frontage of this property on the latter road is three hundred and seventy-three feet. In September of that year Francis and his wife obtained a building permit from the County Commissioners of Howard County, which authorized them to construct a machine shop on this property, and in accordance therewith they erected on said property a one-story building 24 feet by 60 feet, to be used as a machine shop. Upon completion of this building they engaged in the manufacture of cinder blocks, which venture was unsuccessful and discontinued, and the property has since, from time to time, been rented for the purpose of carrying on a business of light manufacturing.

Zoning regulations were adopted by the County Commissioners of Howard County on July 27, 1948, in accordance with the Act of the General Assembly of Maryland passed at its Extraordinary Session 1948, Chapter 19. Section 360 of that Act is as follows:

'For the purpose of promoting health, safety, morals and general welfare, to alleviate traffic congestion, to facilitate the safe flow of traffic, to protect highways from the encroachment of advertising structures and buildings, to preserve the scenic beauty of Howard County and to promote the orderly growth of said County in the interest of all its inhabitants, the County Commissioners of Howard County are hereby empowered to designate Zoning Districts within the bounds of said County, regulate the use, height, area and type of construction of buildings and the use of land. Such regulations shall be made in accordance with a comprehensive plan.

'The County Commissioners of Howard County may designate within the County certain Districts of such number, shape and area as may be deemed best suited to carry out the purposes of this sub-title, and within such Districts they may, by appropriate regulations, restrict, control, limit or regulate the erection, alteration, repair and use of buildings and the use of land and regulate the number of families which may be housed per acre of land. All such regulations shall be uniform for each class or kind of building or structure throughout each District, but the regulations in one District may differ from those in other Districts.'

Prior to the adoption of the Zoning Regulations by the County Commissioners of Howard County, they advertised the proposed regulations, in accordance with the Act, and public hearings were held thereon. James J. Francis attended these meetings and submitted to the Commissioners, in writing, his reasons why his property referred to should not be zoned 'residential' and should be zoned 'commercial'. These suggestions were rejected by the Commissioners.

On July 6, 1948 Francis secured a building permit from the County Commissioners to construct on said property a 17 by 41 foot building, to be used as a machine shop for light manufacturing. In the appellants' brief it is stated 'At this time, (July 6, 1948) proposed Zoning Regulations for Howard County were under consideration, and this fact was known by Appellants * * *.' After the adoption of zoning regulations for Howard County, the appellants proceeded to erect the building under the permit of July 6, 1948. The appellants did some grading, dug footing trenches, drilled a well between the original building and the proposed second building, caused to be brought to the original building on the property, electric current of high voltage, and allocated the costs of the well and the installation of the electricity to the two buildings. They were delayed in the construction of the new building, because they did not obtain a loan of $800.00 until February, 1949, when they immediately started to erect this building. James MacGill, the Zoning Commissioner, while passing this property, saw that the second building was under construction. The appellant, James J. Francis, was notified by MacGill to come to his office in Ellicott City to discuss the matter. He accordingly appeared on March 19th. On March 23rd he was notified by the Zoning Commissioner to discontinue further construction of the building, under the building permit dated July 6, 1948, remove all construction under the permit, and discontinue the use of the land for any purpose other than residential usage. Appellants then filed their bill in this case against James MacGill, Zoning Commissioner of Howard County, and the County Commissioners of said County (appellees), in the Circuit Court for Howard County, in Equity, to which bill a demurrer was sustained; an amended bill filed, which prayed that the appellees be enjoined from interfering with the appellants in the erection of the building aforesaid, and from the use of it and their property for commercial usage. To the amended bill an answer was filed, testimony taken in court...