Opinion

PEOPLE'S COUNSEL FOR BALTIMORE CTY. v. Beachwood I Ltd. Partnership

  • 107 Md. App. 627
  • 670 A.2d 484
  • 1995 Md. App. LEXIS 191
Court
Court of Special Appeals of Maryland
Filed
Dec 1, 1995
Status
Published
Author
Cathell
On the bench
Moylan, Wenner, Cathell
Cited by
20 cases

explaining the presumption of correctness to be accorded to the Baltimore County Council’s reduction of the permissible density in an area through the comprehensive rezoning process

How later courts described this case

  • explaining the presumption of correctness to be accorded to the Baltimore County Council’s reduction of the permissible density in an area through the comprehensive rezoning process

Written by the judges who cited it.

The opinion

CATHELL, Judge,

concurring.

I agree with that portion of the opinion that holds that the Board, in its reclassification, failed to make sufficient findings required by the Chesapeake Bay Critical Area law. While the case law as to findings runs the gauntlet from “complete and comprehensive” to “findings sufficient to apprise one of the reasons for an administrative decision,” what occurred here, in respect to the additional requirements of the “critical area” *676 law, fails to meet any “findings of fact conclusions of law” standard. Thus, while I do not necessarily agree with all of the reasoning of the balance of the opinion nor with its interpretations of the late Judge Davidson’s triad of cases, i.e., Coppolino, Boyce, Dorsey, I concur with the result reached. I also would reverse.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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