ARUNDEL CORP. v. COUNTY COMM'RS

No. 95, September Term, 1990.

323 Md. 504 (1991)

594 A.2d 95

THE ARUNDEL CORPORATION AND TIDEWATER QUARRIES, INC. v. THE COUNTY COMMISSIONERS OF CARROLL COUNTY, MARYLAND.

Court of Appeals of Maryland.

August 22, 1991.


Attorney(s) appearing for the Case

William B. Dulany (Dulany, Parker & Scott, all on brief), Westminster, for petitioners.

Laurell E. Taylor, Asst. County Atty. (Charles W. Thompson, Jr., County Atty., both on brief), Westminster, for respondent.

Argued before MURPHY, C.J., ELDRIDGE RODOWSKY McAULIFFE and CHASANOW, JJ., CHARLES E., ORTH, Jr., J. (retired, specially assigned), and BRUCE C. WILLIAMS, J. (specially assigned).


RODOWSKY, Judge.

The Board of Zoning Appeals of Carroll County (the Board) dismissed without hearing the petitioners' applications for conditional uses. The Board held that the content of the applications was governed by an amendment to the zoning ordinance that was enacted after the applications had been filed. We shall hold that applying the amendment in that retrospective fashion was error.

The Carroll County Zoning Ordinance (the Ordinance) identifies...

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