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POE v. MAYOR AND CITY COUNCIL OF BALTIMORE

[No. 150, September Term, 1965.]

241 Md. 303 (1966)

216 A.2d 707

POE ET UX. v. MAYOR AND CITY COUNCIL OF BALTIMORE

Court of Appeals of Maryland.

Decided February 4, 1966.

Attorney(s) appearing for the Case

Joseph S. Kaufman, with whom were Harry D. Kaufman and Melnicove, Asch, Greenberg & Kaufman on the brief, for the appellants.

S. Leonard Rottman, Assistant City Solicitor of Baltimore, with whom was Joseph Allen, City Solicitor, on the brief, for the appellee.

The cause was argued before PRESCOTT, C.J., and HAMMOND, MARBURY, OPPENHEIMER and McWILLIAMS, JJ.

OPPENHEIMER, J., delivered the opinion of the Court.

This zoning appeal turns on the right of owners of property in Baltimore City to attack the constitutionality of the City's 1931 Zoning Ordinance as applied to their property under the Uniform Declaratory Judgments Act, without first exhausting their administrative remedies. The bill brought against the Mayor and City Council of Baltimore alleges that, under the 1931 ordinance, (Baltimore City Code (1950) Art. 40...

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