ZONING & PLANNING - MARYLAND

Viles v. Board of Municipal and Zoning Appeals

Court of Special Appeals of Maryland - October 27, 2016 - A.3d - 2016 WL 6276908

Objectors sought review of decision of the Board of Municipal and Zoning Appeals of Baltimore City, concluding that it was without authority to review decision of the Baltimore Planning Commission that modified terms of planned unit development (PUD) established by the Baltimore City Council.

The Circuit Court for Baltimore City affirmed. Objectors appealed.

The Court of Special Appeals held that Board had authority to review decision of Baltimore Planning Commission to modify PUD, as Planning Commission was acting in an administrative capacity when it approved the design modifications to the PUD.

Baltimore Planning Commission’s decision to approve modifications to planned unit development (PUD) was an administrative one within meaning of constitutional provision governing the review authority of the Board of Municipal and Zoning Appeals of Baltimore City, because the decision of the Planning Commission clearly was limited to design changes within the PUD property.



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