44 Md. App. 481 - Hope v. Baltimore County’s Empirical Analysis
1980
Citation profile
8
cited by 8 later decisions
1
states following
November 1980
most recently cited
8 state decisions
Relationships
Relies on Urbana Civic Ass'n v. Urbana Mobile Village, Inc. · Maryland Classified Employees Ass'n v. Anderson · Klein v. Colonial Pipeline Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"(1) for the establishment of a county board of appeals whose members shall be appointed by the county council; (2) for the number, qualifications, terms, and compensation of the members; (3) for the adoption by the board of rules of practice governing its proceedings; and (4) for the decision by the board on petition by any interested person and after notice and opportunity for hearing and on the basis of the record before the board, of such of the following matters arising (either originally or on review of the action of an administrative officer or agency) under any law, ordinance, or regulation of, or subject to amendment or repeal by, the county council, as shall be specified from time to time by such local laws enacted under this subsection: An application for a zoning variation or exception or amendment of a zoning ordinance map; the issuance, renewal, denial, revocation, suspension, annulment, or modification of any license, permit, approval, exemption, waiver, certificate, registration, or other form of permission or of any adjudicatory order; and the assessment of any special benefit tax: Provided, that upon any decision by a county board of appeals it shall file an opinion which shall include a statement of the facts found and the grounds for its decision. Any person aggrieved by the decision of the board and a party to the proceeding before it may appeal to the circuit court for the county which shall have power to affirm the decision of the board, or if such deci”
2 later decisions quote this exact passage · from the majority“I have no alternative except to rule that as a matter of law Section 22-38 of the Baltimore County Code is a nullity. It is void because it is in direct conflict with the Baltimore County Charter. It cannot be used as a vehicle to obtain judicial review of Planning Board action, and, therefore, the appeal of the persons who are aggrieved by their decision must be dismissed. All those comments are gratuitous and parenthetical. All that this court is deciding today in this case is that the County Charter provides an exclusive right for appeal from any planning or zoning administrative or adjudicatory order. The Charter provision providing that exclusive right conflicts with Section 22-38 of the Baltimore County Code, and the latter must yield to the Charter provisions, the Charter being our organic law. If the Charter needs to be changed, if somebody wants to do something inconsistent with present Charter provisions, the people have to amend the Charter. The County Council has no power to pass legislation which is not in accord with the County Charter. That’s a fundamental concept.”
1 later decision quote this exact passage · from the majority“"It is at once apparent that § 602 (d) of the county Charter provides that the Board of Appeals shall be the forum to hear and decide appeals 'from all other administrative and adjudicatory orders as may ... be provided 5 by § 5 (U) of art. 25A. And it is equally clear that § 5 (U) envisions the establishment of a county Board of Appeals with exclusive authority to hear appeals from actions of administrative officers or agencies taken under the laws, ordinances or regulations of the county, where such actions involve 'the issuance, renewal, denial ... of any license, permit, approval ... or other form of permission. ...’55 (Emphasis added.)”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.