zone involved factors (Maryland) · Go Syfert
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zone involved factors in Maryland

23 Maryland opinions name it 2 courts 1970–2017 0 in the last five years

The cases below were cited by Maryland courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Montgomery County v. Merlands Club, Inc.green
md · 1953 · cited in 10 Maryland opinions naming this issue, 1970–2011
2 sentences

2008The extent of any harm or disturbance to the neighboring area and uses is, of course, material but if there is no probative evidence of harm or disturbance in light of the nature of the zone involved or of factors causing disharmony to the functioning of the comprehensive plan, a denial of an application for a special exception is arbitrary, capricious and illegal." (emphasis added)); Rockville Fuel, 257 Md. at 190-91 , 262 A.2d at 503 ("If [the applicant] shows to the satisfaction of the Board that the proposed use would be conducted without real detriment to the neighborhood and would not ac

2008The extent of any harm or disturbance to the neighboring area and uses is, of course, material but if there is no probative evidence of harm or disturbance in light of the nature of the zone involved or of factors causing disharmony to the functioning of the comprehensive plan, a denial of an application for a special exception is arbitrary, capricious and illegal." (emphasis added)); Rockville Fuel, 257 Md. at 190-91 , 262 A.2d at 503 ("If [the applicant] shows to the satisfaction of the Board that the proposed use would be conducted without real detriment to the neighborhood and would not ac

810
Rockville Fuel & Feed Co. v. Board of Appealsgreen
md · 1970 · cited in 10 Maryland opinions naming this issue, 1971–2011
2 sentences

2008The extent of any harm or disturbance to the neighboring area and uses is, of course, material but if there is no probative evidence of harm or disturbance in light of the nature of the zone involved or of factors causing disharmony to the functioning of the comprehensive plan, a denial of an application for a special exception is arbitrary, capricious and illegal." (emphasis added)); Rockville Fuel, 257 Md. at 190-91 , 262 A.2d at 503 ("If [the applicant] shows to the satisfaction of the Board that the proposed use would be conducted without real detriment to the neighborhood and would not ac

2008The extent of any harm or disturbance to the neighboring area and uses is, of course, material but if there is no probative evidence of harm or disturbance in light of the nature of the zone involved or of factors causing disharmony to the functioning of the comprehensive plan, a denial of an application for a special exception is arbitrary, capricious and illegal." (emphasis added)); Rockville Fuel, 257 Md. at 190-91 , 262 A.2d at 503 ("If [the applicant] shows to the satisfaction of the Board that the proposed use would be conducted without real detriment to the neighborhood and would not ac

810
Turner v. Hammondgreen
md · 1973 · cited in 9 Maryland opinions naming this issue, 1981–2011
2 sentences

1981But, if there is no probative evidence at all of harm or disturbance in light of the nature of the zone involved or of factors causing disharmony to the operation of the comprehensive plan, a denial of an application for a special exception is arbitrary, capricious and illegal. [Montgomery Co. v.] Merlands [Club, 202 Md. 279 , 96 A.2d 261 (1953)]. [Id. at 191.] A more recent case in which we reversed the denial of a special exception by a local board and an affirmance of that denial by the circuit court is Turner v. Hammond, 270 Md. 41 , 310 A.2d 543 (1973).

1981But, if there is no probative evidence at all of harm or disturbance in light of the nature of the zone involved or of factors causing disharmony to the operation of the comprehensive plan, a denial of an application for a special exception is arbitrary, capricious and illegal. [Montgomery Co. v.] Merlands [Club, 202 Md. 279 , 96 A.2d 261 (1953)]. [Id. at 191.] A more recent case in which we reversed the denial of a special exception by a local board and an affirmance of that denial by the circuit court is Turner v. Hammond, 270 Md. 41 , 310 A.2d 543 (1973).

79
Anderson v. Sawyergreen
mdctspecapp · 1974 · cited in 8 Maryland opinions naming this issue, 1981–2011
2 sentences

2011Turner v. Hammond, 270 Md. 41, 54-55 , 310 A.2d 543, 550-51 (1973); Rockville Fuel & Feed Co. v. Board of Appeals of Gaithersburg, 257 Md. 183, 187-88 , 262 A.2d 499, 502 (1970); Montgomery County v. Merlands Club, Inc., 202 Md. 279, 287 , 96 A.2d 261, 264 (1953); Anderson v. Sawyer, 23 Md.App. 612, 617 , 329 A.2d 716, 720 (1974).

2011Turner v. Hammond, 270 Md. 41, 54-55 , 310 A.2d 543, 550-51 (1973); Rockville Fuel & Feed Co. v. Board of Appeals of Gaithersburg, 257 Md. 183, 187-88 , 262 A.2d 499, 502 (1970); Montgomery County v. Merlands Club, Inc., 202 Md. 279, 287 , 96 A.2d 261, 264 (1953); Anderson v. Sawyer, 23 Md.App. 612, 617 , 329 A.2d 716, 720 (1974).

78
Schultz v. Prittsgreen
md · 1981 · cited in 9 Maryland opinions naming this issue, 1993–2017
2 sentences

2008"But if there is no probative evidence of harm or disturbance in light of the nature of the zone involved or of factors causing disharmony to the operation of the comprehensive plan, a denial of an application for a special exception use is arbitrary, capricious, and illegal.” (Italics in original.) (Underlining added.) Schultz, 291 Md. at 11 , 432 A.2d at 1325 . 12 . 291 Md. 1, 11 , 432 A.2d 1319, 1325 (1981).

2008"But if there is no probative evidence of harm or disturbance in light of the nature of the zone involved or of factors causing disharmony to the operation of the comprehensive plan, a denial of an application for a special exception use is arbitrary, capricious, and illegal.” (Italics in original.) (Underlining added.) Schultz, 291 Md. at 11 , 432 A.2d at 1325 . 12 . 291 Md. 1, 11 , 432 A.2d 1319, 1325 (1981).

19
Deen v. Baltimore Gas & Electric Co.green
md · 1965 · cited in 1 Maryland opinions naming this issue, 2008–2008
2 sentences

2008The extent of any harm or disturbance to the neighboring area and uses is, of course, material but if there is no probative evidence of harm or disturbance in light of the nature of the zone involved or of factors causing disharmony to the functioning of the comprehensive plan, a denial of an application for a special exception is arbitrary, capricious and illegal." (emphasis added)); Rockville Fuel, 257 Md. at 190-91 , 262 A.2d at 503 ("If [the applicant] shows to the satisfaction of the Board that the proposed use would be conducted without real detriment to the neighborhood and would not ac

2008The extent of any harm or disturbance to the neighboring area and uses is, of course, material but if there is no probative evidence of harm or disturbance in light of the nature of the zone involved or of factors causing disharmony to the functioning of the comprehensive plan, a denial of an application for a special exception is arbitrary, capricious and illegal." (emphasis added)); Rockville Fuel, 257 Md. at 190-91 , 262 A.2d at 503 ("If [the applicant] shows to the satisfaction of the Board that the proposed use would be conducted without real detriment to the neighborhood and would not ac

11
Eastern Outdoor Advertising Co. v. Mayor and City Council of Baltimoregreen
mdctspecapp · 2002 · cited in 1 Maryland opinions naming this issue, 2002–2002
1 sentence

2002Schultz, 291 Md. at 11 , 432 A.2d 1319 (citations omitted; emphasis in original); see also Eastern Outdoor II, 307-09, 807 A.2d 49 .

11
Cason v. Board of County Commissionersgreen
md · 1971 · cited in 1 Maryland opinions naming this issue, 1971–1971
2 sentences

1971But, if there is no probative evidence at all of harm or disturbance in light of the nature of the zone involved or of factors causing disharmony to the operation of the comprehensive plan, a denial of an application for a special exception is arbitrary, capricious and illegal.” ( 257 Md. at 191 , 262 A. 2d at 504 .) We cited Rockville Fuel & Feed Co. with approval in the recent case of Cason v. Board of County Commissioners for Prince George’s County, 261 Md. 699, 707 , 276 A. 2d 661, 665 (1971). *162 See also Montgomery County Council v. Scrimgeour, 211 Md. 306 , 127 A. 2d 528 (1956); Montgo

1971But, if there is no probative evidence at all of harm or disturbance in light of the nature of the zone involved or of factors causing disharmony to the operation of the comprehensive plan, a denial of an application for a special exception is arbitrary, capricious and illegal.” ( 257 Md. at 191 , 262 A. 2d at 504 .) We cited Rockville Fuel & Feed Co. with approval in the recent case of Cason v. Board of County Commissioners for Prince George’s County, 261 Md. 699, 707 , 276 A. 2d 661, 665 (1971). *162 See also Montgomery County Council v. Scrimgeour, 211 Md. 306 , 127 A. 2d 528 (1956); Montgo

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Kirkman v. Montgomery County Council green
md · 1968
2 sentences

1975Co. Board of Appeals, 261 Md. 153 , 274 A. 2d 379 (1971); Kirkman v. Montgomery Co. Council, 251 Md. 273 , 247 A. 2d 255 (1968).

1975Co. Board of Appeals, 261 Md. 153 , 274 A. 2d 379 (1971); Kirkman v. Montgomery Co. Council, 251 Md. 273 , 247 A. 2d 255 (1968).

21971–1975
Attar v. DMS Tollgate, LLC green
md · 2017
1 sentence

2017Id. 14 We also noted in Attar that “[w]hile an applicant for a [conditional use] bears both the burden of persuasion and of production, the concurrent presumption in favor of a [conditional use] applicant is not a mutually exclusive evidentiary burden.” 451 Md. at 286 , 152 A.3d at 774 .

12017–2017
Prince George's County v. Meininger green
md · 1972
2 sentences

1975The extent of any harm or disturbance to the neighboring area and uses is, of course, material but if there is no probative evidence of harm or disturbance in light of the nature of the zone involved or of factors causing *419 disharmony to the functioning of the comprehensive plan, a denial of an application for a special exception is arbitrary, capricious and illegal.” Prince George’s Co. v. Meininger, 264 Md. 148 , 285 A. 2d 649 (1972); Gerachis v. Mont.

1975The extent of any harm or disturbance to the neighboring area and uses is, of course, material but if there is no probative evidence of harm or disturbance in light of the nature of the zone involved or of factors causing *419 disharmony to the functioning of the comprehensive plan, a denial of an application for a special exception is arbitrary, capricious and illegal.” Prince George’s Co. v. Meininger, 264 Md. 148 , 285 A. 2d 649 (1972); Gerachis v. Mont.

11975–1975
Gerachis v. Montgomery County Board of Appeals green
md · 1971
2 sentences

1975Co. Board of Appeals, 261 Md. 153 , 274 A. 2d 379 (1971); Kirkman v. Montgomery Co. Council, 251 Md. 273 , 247 A. 2d 255 (1968).

1975Co. Board of Appeals, 261 Md. 153 , 274 A. 2d 379 (1971); Kirkman v. Montgomery Co. Council, 251 Md. 273 , 247 A. 2d 255 (1968).

11975–1975
Montgomery County Council v. Scrimgeour green
md · 2001
2 sentences

1971But, if there is no probative evidence at all of harm or disturbance in light of the nature of the zone involved or of factors causing disharmony to the operation of the comprehensive plan, a denial of an application for a special exception is arbitrary, capricious and illegal.” ( 257 Md. at 191 , 262 A. 2d at 504 .) We cited Rockville Fuel & Feed Co. with approval in the recent case of Cason v. Board of County Commissioners for Prince George’s County, 261 Md. 699, 707 , 276 A. 2d 661, 665 (1971). *162 See also Montgomery County Council v. Scrimgeour, 211 Md. 306 , 127 A. 2d 528 (1956); Montgo

1971But, if there is no probative evidence at all of harm or disturbance in light of the nature of the zone involved or of factors causing disharmony to the operation of the comprehensive plan, a denial of an application for a special exception is arbitrary, capricious and illegal.” ( 257 Md. at 191 , 262 A. 2d at 504 .) We cited Rockville Fuel & Feed Co. with approval in the recent case of Cason v. Board of County Commissioners for Prince George’s County, 261 Md. 699, 707 , 276 A. 2d 661, 665 (1971). *162 See also Montgomery County Council v. Scrimgeour, 211 Md. 306 , 127 A. 2d 528 (1956); Montgo

11971–1971

Statutes the citing opinions construe

MD § Md. Code Ann., Cts. & Jud. Proc. § 12-301 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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