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11 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.
| Case | Followed | Cited |
|---|---|---|
Anderson v. Sawyergreen2 sentences2017Because special exceptions and conditional uses are legislatively-created, we have repeatedly held that “they enjoy the presumption of correctness and are an appropriate tool for the exercise of a local government’s police powers.” Rylyns Enterprises, Inc., 372 Md. 514 , 814 A.2d at 486 (citations omitted); Schultz, 291 Md. at 11 , 432 A.2d at 1325 ; see also Anderson v. Sawyer (“Sawyer”), 23 Md.App. 612, 617 , 329 A.2d 716, 720 (1974) (“The conditional use or special exception is a part of the comprehensive zoning plan sharing the presumption that, as such, it is in the interest of the genera 2017App. 612, 617 , 329 A.2d 716, 720 (1974) (“The conditional use or special exception is a part of the comprehensive zoning plan sharing the presumption that, as such, it is in the interest of the general welfare, and therefore, valid.”) (citations omitted); Mills v. Godlove, 200 Md. | 2 | 3 |
Turner v. Hammondgreen2 sentences2008Relying on Turner, 270 Md. 41 , 310 A.2d 543 ; Cason v. Board of County Commissioners, 261 Md. 699 , 276 A.2d 661 (1971); [26] Rockville Fuel, 257 Md. 183 , 262 A.2d 499 , and Merlands Club, 202 Md. 279 , 96 A.2d 261 , she described the special exception and the evaluative standard attendant to it thusly: The conditional use or special exception is a part of the comprehensive zoning plan sharing the presumption that, as such, it is in the interest of the general welfare, and therefore, valid. 2008Relying on Turner, 270 Md. 41 , 310 A.2d 543 ; Cason v. Board of County Commissioners, 261 Md. 699 , 276 A.2d 661 (1971); [26] Rockville Fuel, 257 Md. 183 , 262 A.2d 499 , and Merlands Club, 202 Md. 279 , 96 A.2d 261 , she described the special exception and the evaluative standard attendant to it thusly: The conditional use or special exception is a part of the comprehensive zoning plan sharing the presumption that, as such, it is in the interest of the general welfare, and therefore, valid. | 1 | 4 |
Mayor and Council of Rockville v. Rylyns Enterprises, Inc.green2 sentences2017Because special exceptions and conditional uses are legislatively-created, we have repeatedly held that “they enjoy the presumption of correctness and are an appropriate tool for the exercise of a local government’s police powers.” Rylyns Enterprises, Inc., 372 Md. 514 , 814 A.2d at 486 (citations omitted); Schultz, 291 Md. at 11 , 432 A.2d at 1325 ; see also Anderson v. Sawyer (“Sawyer”), 23 Md.App. 612, 617 , 329 A.2d 716, 720 (1974) (“The conditional use or special exception is a part of the comprehensive zoning plan sharing the presumption that, as such, it is in the interest of the genera 2017Because special exceptions and conditional uses are legislatively-created, we have repeatedly held that “they enjoy the presumption of correctness and are an appropriate tool for the exercise of a local government’s police powers.” Rylyns Enterprises, Inc., 372 Md. 514 , 814 A.2d at 486 (citations omitted); Schultz, 291 Md. at 11 , 432 A.2d at 1325 ; see also Anderson v. Sawyer (“Sawyer”), 23 Md.App. 612, 617 , 329 A.2d 716, 720 (1974) (“The conditional use or special exception is a part of the comprehensive zoning plan sharing the presumption that, as such, it is in the interest of the genera | 1 | 2 |
Montgomery County v. Merlands Club, Inc.green2 sentences2008Relying on Turner, 270 Md. 41 , 310 A.2d 543 ; Cason v. Board of County Commissioners, 261 Md. 699 , 276 A.2d 661 (1971); [26] Rockville Fuel, 257 Md. 183 , 262 A.2d 499 , and Merlands Club, 202 Md. 279 , 96 A.2d 261 , she described the special exception and the evaluative standard attendant to it thusly: The conditional use or special exception is a part of the comprehensive zoning plan sharing the presumption that, as such, it is in the interest of the general welfare, and therefore, valid. 2008Relying on Turner, 270 Md. 41 , 310 A.2d 543 ; Cason v. Board of County Commissioners, 261 Md. 699 , 276 A.2d 661 (1971); [26] Rockville Fuel, 257 Md. 183 , 262 A.2d 499 , and Merlands Club, 202 Md. 279 , 96 A.2d 261 , she described the special exception and the evaluative standard attendant to it thusly: The conditional use or special exception is a part of the comprehensive zoning plan sharing the presumption that, as such, it is in the interest of the general welfare, and therefore, valid. | 1 | 2 |
Mills v. GODLOVEgreen2 sentences2017Because special exceptions and conditional uses are legislatively-created, we have repeatedly held that “they enjoy the presumption of correctness and are an appropriate tool for the exercise of a local government’s police powers.” Rylyns Enterprises, Inc., 372 Md. 514 , 814 A.2d at 486 (citations omitted); Schultz, 291 Md. at 11 , 432 A.2d at 1325 ; see also Anderson v. Sawyer (“Sawyer”), 23 Md.App. 612, 617 , 329 A.2d 716, 720 (1974) (“The conditional use or special exception is a part of the comprehensive zoning plan sharing the presumption that, as such, it is in the interest of the genera 2017App. 612, 617 , 329 A.2d 716, 720 (1974) (“The conditional use or special exception is a part of the comprehensive zoning plan sharing the presumption that, as such, it is in the interest of the general welfare, and therefore, valid.”) (citations omitted); Mills v. Godlove, 200 Md. | 1 | 1 |
Attar v. DMS Tollgate, LLCgreen2 sentences2017Although there is a legislative presumption that a conditional use is valid, the applicant still bears “both the burden of production and the burden of persuasion on the issue of whether the [conditional use] should be granted” and must persuade the Board “ ‘by a preponderance of the evidence that the special exception will conform to all applicable requirements.’ ” See Attar v. DMS Tollgate, LLC, 451 Md. 272, 286 , 152 A.3d 765, 774 (2017) (quoting Loyola Coll. in Md., 406 Md. at 109 , 956 A.2d at 199 ). 14 The applicant is not required, however, to affirmatively establish that the proposed u 2017Although there is a legislative presumption that a conditional use is valid, the applicant still bears “both the burden of production and the burden of persuasion on the issue of whether the [conditional use] should be granted” and must persuade the Board “ ‘by a preponderance of the evidence that the special exception will conform to all applicable requirements.’ ” See Attar v. DMS Tollgate, LLC, 451 Md. 272, 286 , 152 A.3d 765, 774 (2017) (quoting Loyola Coll. in Md., 406 Md. at 109 , 956 A.2d at 199 ). 14 The applicant is not required, however, to affirmatively establish that the proposed u | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
PEOPLE'S COUNSEL FOR BALTIMORE CTY. v. Loyola College
green
2 sentences2010Section 2.02(a) empowers the City to divide the municipality into zoning districts and within them “regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land.” In addition, by virtue of section 2.05(a)(1), the City is empowered to “periodically amend or repeal regulations, restrictions, and boundaries.” As Judge Harrell explained in People’s Counsel for Baltimore County v. Loyola College in Md., 406 Md. 54, 70 , 956 A.2d 166 (2008), traditional “Euclidean” zoning, which divides a geographic area into use districts, is a “ ‘fa 2010Section 2.02(a) empowers the City to divide the municipality into zoning districts and within them “regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land.” In addition, by virtue of section 2.05(a)(1), the City is empowered to “periodically amend or repeal regulations, restrictions, and boundaries.” As Judge Harrell explained in People’s Counsel for Baltimore County v. Loyola College in Md., 406 Md. 54, 70 , 956 A.2d 166 (2008), traditional “Euclidean” zoning, which divides a geographic area into use districts, is a “ ‘fa | 2 | 2010–2017 |
Rockville Fuel & Feed Co. v. Board of Appeals
green
2 sentences2008Relying on Turner, 270 Md. 41 , 310 A.2d 543 ; Cason v. Board of County Commissioners, 261 Md. 699 , 276 A.2d 661 (1971); [26] Rockville Fuel, 257 Md. 183 , 262 A.2d 499 , and Merlands Club, 202 Md. 279 , 96 A.2d 261 , she described the special exception and the evaluative standard attendant to it thusly: The conditional use or special exception is a part of the comprehensive zoning plan sharing the presumption that, as such, it is in the interest of the general welfare, and therefore, valid. 2008Relying on Turner, 270 Md. 41 , 310 A.2d 543 ; Cason v. Board of County Commissioners, 261 Md. 699 , 276 A.2d 661 (1971); [26] Rockville Fuel, 257 Md. 183 , 262 A.2d 499 , and Merlands Club, 202 Md. 279 , 96 A.2d 261 , she described the special exception and the evaluative standard attendant to it thusly: The conditional use or special exception is a part of the comprehensive zoning plan sharing the presumption that, as such, it is in the interest of the general welfare, and therefore, valid. | 2 | 1973–2008 |
Schultz v. Pritts
green
2 sentences2017Because special exceptions and conditional uses are legislatively-created, we have repeatedly held that “they enjoy the presumption of correctness and are an appropriate tool for the exercise of a local government’s police powers.” Rylyns Enterprises, Inc., 372 Md. 514 , 814 A.2d at 486 (citations omitted); Schultz, 291 Md. at 11 , 432 A.2d at 1325 ; see also Anderson v. Sawyer (“Sawyer”), 23 Md.App. 612, 617 , 329 A.2d 716, 720 (1974) (“The conditional use or special exception is a part of the comprehensive zoning plan sharing the presumption that, as such, it is in the interest of the genera 2017Because special exceptions and conditional uses are legislatively-created, we have repeatedly held that “they enjoy the presumption of correctness and are an appropriate tool for the exercise of a local government’s police powers.” Rylyns Enterprises, Inc., 372 Md. 514 , 814 A.2d at 486 (citations omitted); Schultz, 291 Md. at 11 , 432 A.2d at 1325 ; see also Anderson v. Sawyer (“Sawyer”), 23 Md.App. 612, 617 , 329 A.2d 716, 720 (1974) (“The conditional use or special exception is a part of the comprehensive zoning plan sharing the presumption that, as such, it is in the interest of the genera | 1 | 2017–2017 |
Cason v. Board of County Commissioners
green
2 sentences2008Relying on Turner, 270 Md. 41 , 310 A.2d 543 ; Cason v. Board of County Commissioners, 261 Md. 699 , 276 A.2d 661 (1971); [26] Rockville Fuel, 257 Md. 183 , 262 A.2d 499 , and Merlands Club, 202 Md. 279 , 96 A.2d 261 , she described the special exception and the evaluative standard attendant to it thusly: The conditional use or special exception is a part of the comprehensive zoning plan sharing the presumption that, as such, it is in the interest of the general welfare, and therefore, valid. 2008Relying on Turner, 270 Md. 41 , 310 A.2d 543 ; Cason v. Board of County Commissioners, 261 Md. 699 , 276 A.2d 661 (1971); [26] Rockville Fuel, 257 Md. 183 , 262 A.2d 499 , and Merlands Club, 202 Md. 279 , 96 A.2d 261 , she described the special exception and the evaluative standard attendant to it thusly: The conditional use or special exception is a part of the comprehensive zoning plan sharing the presumption that, as such, it is in the interest of the general welfare, and therefore, valid. | 1 | 2008–2008 |
Richmarr Holly Hills, Inc. v. American PCS, L.P.
green
2 sentences1998Recently, in Richmarr Holly Hills, Inc. v. American PCS, L.P., 117 Md.App. 607 , 701 A.2d 879 (1997), we observed: “The conditional use or special exception[ 2 ] is a part of the comprehensive zoning plan sharing the presumption that, as such, it is in the interest of the general welfare, and therefore, valid. 1998Recently, in Richmarr Holly Hills, Inc. v. American PCS, L.P., 117 Md.App. 607 , 701 A.2d 879 (1997), we observed: “The conditional use or special exception[ 2 ] is a part of the comprehensive zoning plan sharing the presumption that, as such, it is in the interest of the general welfare, and therefore, valid. | 1 | 1998–1998 |
Cadem v. Nanna
green
1 sentence1971The distinction between rezoning and conditional use or special exception was clearly defined by the Court of Appeals in Cadem v. Nanna, 243 Md. 536, 543 . ‘The words “special exception” are well known in zoning law. | 1 | 1971–1971 |
Reese v. Mandel
green
1 sentence1970Reese v. Mandel, supra. The conditional use or special exception, as it generally is called, is a part of comprehensive planning and shares the presumption that such a plan is in the inter *188 ests of the general welfare and valid. | 1 | 1970–1970 |
Huff v. Board of Zoning Appeals
green
1 sentence1970Huff v. Board of Zoning Appeals, 214 Md. 48, 60-62 . | 1 | 1970–1970 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.