Roeder v. Brown

• Citation: 65 A.2d 333,192 Md. 639
• Decision Date: 31 March 1949
• Docket Number: 120.
• Parties: ROEDER et al. v. BROWN.
• Court: Court of Appeals of Maryland

65 A.2d 333

192 Md. 639

ROEDER et al. v. BROWN.

No. 120.

Court of Appeals of Maryland

March 31, 1949

Appeal from Circuit Court, Allegany County; William A. Huster, Chief Judge.

Proceeding by Angus L. Brown for a writ of certiorari to review an order made by Charles Paul Roeder and others, constituting the Board of Zoning Appeals of the City of Cumberland, on petitioner's appeal from the city engineer's refusal of a permit to erect a building on petitioner's lot. From an order reversing the board's order and directing the city engineer to grant the permit, the board appeals. On petitioner's motion to dismiss the appeal.

Appeal dismissed.

Thomas B. Finan, Jr., of Cumberland, for appellant.

William L. Wilson, Jr. and Edward J. Ryan, both of Cumberland, for appellees.

Before DELAPLAINE, COLLINS, GRASON, HENDERSON and MARKELL, JJ.

GRASON Judge.

Angus L. Brown owns lots Nos. 19 and 20 of Block No. 27 of Johnson Heights Addition to Cumberland, upon which is erected a house, garage, and truck body paint shop. He also owns lot No. 18 in said Addition to Cumberland. He made application to the City Engineer of that city for a permit to erect on lot No. 18 a two-story building, on the ground floor of which would be conducted the business of repairing and painting trucks and trailers, and on the second floor of which would be apartments. This lot is in Class B, Residential District as ordained by zoning Ordinance No. 1776 of the Mayor and City Council of Cumberland. The City Engineer refused the permit, from which an appeal was taken to the Board of Zoning Appeals. The appellants' brief states that the 'Board (of Zoning Appeals) had sustained the city Engineer in his refusal to issue the building permit to the appellee'. The appellee's brief states: 'The Appellant had refused to hear the appeal by the Appellee when he appealed from the refusal of the City Engineer to grant him the permit, * * *.' Whatever happened, it is a fact that appellee filed a petition in the Circuit Court for Allegany County, praying for a writ of certiorari which was granted, and the case was heard in that court. The order of the Zoning Appeals Board was reversed and the City Engineer directed to grant the building permit to appellee. The Board of Zoning Appeals of the City of Cumberland appeals to this court, and appellee moves to dismiss the appeal. The enabling act, Code, art. 66B, sec. 7 and ordinance No. 1776 do not authorize the Board to appeal from its own decisions. The provision for an appeal in the Ordinance is contained in Section 22 thereof. That section contains the same provisions as Section 35(a) of Ordinance 1247 of the Mayor and City Council of Baltimore, which was dealt with by this court in the case of Board of Zoning...