Home/Court of Special Appeals of Maryland/Dustin v. Mayor of Rockville

Dustin v. Mayor of Rockville

328 A.2d 748, 23 Md. App. 389, 1974 Md. App. LEXIS 297
CourtCourt of Special Appeals of Maryland
DecidedNovember 18, 1974
Docket89, September Term, 1974
StatusPublished
Cited by2 cases

This text of 328 A.2d 748 (Dustin v. Mayor of Rockville) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dustin v. Mayor of Rockville, 328 A.2d 748, 23 Md. App. 389, 1974 Md. App. LEXIS 297 (Md. Ct. App. 1974).

Opinion

Menchine, J.,

delivered the opinion of the Court.

Although this “case of the eternal triangle” does not involve domestic relations, it has engendered discussion, heat and litigation of equal or greater intensity than such cases.

At issue here is the zoning fate of a roughly triangular parcel of land (65,296 square feet) that had been zoned 1-2 (Light Industrial) from 1957 until rezoned to R-75 (Single Family Residential) on May 21, 1973. It was the last remaining unused, undeveloped part of industrial land of substantial acreage adjoining the residential development known as “Twin Brook,” in the City of Rockville. At the time of initial zoning, the triangle was attached to and formed an integral part of the larger industrially zoned parcel. When originally zoned, that parcel had a limited actual industrial use. One portion then was in use by a propane gas company; a second by a plant manufacturing wooden screens. The latter facility was destroyed by fire and not replaced. Although the industrial area developed slowly in the course of years following 1957, by 1973 it had become substantially fully utilized for industrial purposes, principally in warehousing enterprises.

When annexed to the City of Rockville in 1957, the residential development of Twin Brook was substantially complete as a community of moderate cost homes. Fifteen dwellings have been added since 1957, so that few, if any, lots remain undeveloped within it. In short, from the time of *391 original zoning actual development within the neighborhood overwhelmingly has been, both in the residential and industrial zones, in accord with the zoning originally applied to it. The single exception was the zoning change of a small lot from 1-2 to R-75. That lot lay to the south of the subject property across Rockdale Avenue but on the same side of Lewis Avenue as the subject. The uncontradicted evidence, however, showed that the extension of those two streets made the last mentioned lot incapable of industrial use because of its size and shape.

At the time of initial zoning Lewis Avenue came to a dead end at the northern boundary of the industrially zoned land. Principal access to that land then was provided by Halpine Road, a street forming its southern boundary. At the western boundary of the industrially zoned land were the tracks of the Baltimore and Ohio Railroad. The zoning of the land lying west of those tracks was 1-1 (Heavy Industrial). Further to the west, the land was zoned for commercial use.

In the course of the years two changes in the road pattern occurred. First, Lewis Avenue, extended to intersect Halpine Road, was constructed as an industrial road substantially wider than its counterpart to the north; secondly, Halpine Road was terminated at the point where formerly it had crossed the tracks of the railroad, apparently because of train-motor vehicle collisions at that grade crossing. The latter change had a twofold effect: (a) it prevented the movement of industrial traffic to the west across the railroad tracks toward arterial highways existent in that direction, and (b) it compelled the movement of such traffic through the roads of the Twin Brook residential community. These changes were brought about in 1965 or earlier, substantially prior to completion of the new industrial expansion taking place on the west side of Lewis Avenue as extended.

Exhibit B showed the nature of the neighborhood as it existed in 1957 when initially zoned. Exhibit A showed the substantially complete development of the area on the date of the last hearing on May 15, 1973. We reproduce parts of those Exhibits for clearer focus upon the issues presented here.

*392

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Related

Offen v. County Council for Prince George's County
625 A.2d 424 (Court of Special Appeals of Maryland, 1993)
Mayor of Rockville v. Dustin for Rockland Partners
346 A.2d 447 (Court of Appeals of Maryland, 1975)

Cite This Page — Counsel Stack

Bluebook (online)
328 A.2d 748, 23 Md. App. 389, 1974 Md. App. LEXIS 297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dustin-v-mayor-of-rockville-mdctspecapp-1974.