Mayor of Baltimore v. Neighborhood Rentals, Inc.

908 A.2d 111, 170 Md. App. 671, 2006 Md. App. LEXIS 220
CourtCourt of Special Appeals of Maryland
DecidedSeptember 21, 2006
DocketNo. 1585
StatusPublished
Cited by1 cases

This text of 908 A.2d 111 (Mayor of Baltimore v. Neighborhood Rentals, Inc.) 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
Mayor of Baltimore v. Neighborhood Rentals, Inc., 908 A.2d 111, 170 Md. App. 671, 2006 Md. App. LEXIS 220 (Md. Ct. App. 2006).

Opinion

KRAUSER, Judge.

To obtain a permit to use the premises at 5525-5527 Harford Road1 in Baltimore City for a “rent-to-own” store, specializing in “the sale, service and rental of electronics, appliances, and furniture,” appellee Ed Knox filed an application for such a permit with the City’s Department of Housing and Community Development (“DHCD”). Knox was then and presumably still is the managing member of appellee CMS Property, LLC, which owns the Harford Road property, and the vice president of appellee Neighborhood Rentals, Inc., which leases it.

Although initially approved, the application was ultimately denied by the DHCD, when it learned from the Baltimore Development Corporation that such stores, though permitted under applicable zoning regulations,2 were prohibited at that location by the City’s Hamilton Business Area Urban Renewal Plan (“Hamilton Plan” or “Plan”). The City’s Board of Municipal and Zoning Appeals (“Zoning Board” or “Board”) subsequently disapproved the application for the same reason.

Undeterred, appellees sought judicial review of the Board’s decision in the Circuit Court for Baltimore City, claiming that [676]*676the Hamilton Plan had expired under its own terms. The circuit court agreed. Interpreting the Plan’s specification that “it shall be in effect for a period of not less than twenty (20) years following” the date of its approval, as a “temporal limitation,” the lower court ruled that the Hamilton Plan had expired in 1999 and, with it, so had the prohibition against rent-to-own stores. Accordingly, it reversed the Zoning Board’s decision disapproving the permit application and directed the Board to order the City “to issue Neighborhood Rentals, Inc. a permit to use and occupy the premises at 5525-5527 Harford Road for the sale, service, and rental, including rent-to-own, of electronics, appliances, and furniture.”

That decision, seemingly at odds with the plain meaning of the Plan’s duration provision, prompted the Zoning Board to file a “Motion to Alter or Amend Judgment,” and a “Motion for Stay Pending Determination of Respondent’s Motion to Alter or Amend.” When both of those motions were denied, the Mayor and City Council of Baltimore (“the City”) noted this appeal, presenting one question for our review:

Did the lower court err when it ruled that the language of the 1979 Hamilton Business Area Urban Renewal Plan, stating that the plan was in effect for “not less than twenty years,” constituted a temporal limitation under which the plan expired in 1999 and was no longer in effect?

In response, appellees moved to dismiss this appeal, claiming that the City has no standing to bring this appeal because it did not, they claim, “participate” in the proceedings below. In the alternative, appellees request that we affirm the judgment of the circuit court.

For the reasons that follow, we shall deny appellees’ motion to dismiss, vacate the judgment of the circuit court, and direct that court to affirm the decision of the Zoning Board.

THE HAMILTON BUSINESS AREA URBAN RENEWAL PLAN (“HAMILTON PLAN”)

On November 30,1979, the City enacted Ordinance 79-1207, designating, as an urban renewal area, a section of northeast [677]*677Baltimore known as the “Hamilton Business Area,” and approving the implementation of the Hamilton Business Area Urban Renewal Plan (“Hamilton Plan” or “Plan”). The goal of the Plan was and — if the City is correct as to its present vitality — continues to be the “revitalization of the Hamilton Business Area in order to create a unique neighborhood retail business district with enhanced viability, attractiveness, and convenience for residents of the surrounding community and of the City as a whole.” To achieve this revitalization, the Plan, among other things, designated “permitted uses” within residential and business sections of the Hamilton Business Area. Rent-to-own stores were permitted under the original Plan. However, on June 13, 1995, the plan was amended, with the enactment of Ordinance 95-564, to prohibit certain types of uses, including “rent-to-own stores ... not in existence on the date of the enactment of the ordinance.” (Emphasis added).

Central to this appeal is one of the Plan’s concluding paragraphs, entitled “Duration of Provisions and Requirements.” Either it imposes a twenty-year “temporal limitation” on the Plan, as appellees contend and the circuit court held, or it does not, as the City claims and the Zoning Board found. It states:

The provisions and requirements of this plan, as it may be amended from time to time, shall be in effect for a period of not less than twenty (20) years following the date of the approval of this plan by the Mayor and City Council of Baltimore.

(Emphasis added).

ZONING ADMINISTRATOR’S DECISION

On November 5, 2004, appellee Knox filed a permit application with DHCD to allow “Sales/Rental/Service of electronics, appliances and furniture,” or what is known as a “rent-to-own” store, at 5525 Harford Road. The premises3 lie within the [678]*678Hamilton Business Area and a B-2-2 Community Business District. It contains a vacant store and, as noted earlier, is owned by appellee CMS Property, LLC, and leased by appellee Neighborhood Rentals, Inc.

The Zoning Administrator initially approved the application, because the premises was located in a B-2-2 Community Business District, which permits the use requested by appellees. He then forwarded it, however, to other agencies for their approval, because the property was also located within an urban renewal area. Under § l-206(b) of the Baltimore City Zoning Code, when a requirement of the Code conflicts with a requirement of any other law or regulation, including an urban renewal plan, the more restrictive regulation controls — in this case, that would be the Plan.

Upon receipt of the application, Roseanne Walsh, an employee of the Baltimore Development Corporation (“BDC”), reviewed it to ensure that such a permit would comply with the applicable urban renewal plan. Noting that the Hamilton Plan prohibited rent-to-own stores at the appellees’ site, she recommended that the application be denied. Thereafter, when the Zoning Administrator failed, within fifteen days of receiving the application, to either issue a permit or notify appellees in writing why it would not,4 appellees noted an appeal to the Zoning Board.

ZONING BOARD’S DECISION

After a hearing, the Zoning Board adopted a resolution disapproving the permit application. In that resolution, it made the following findings of fact:

1. The previous use of the property was for business and office machines, sales, rental, and service. The proposed [679]*679use for sales, rental and service of electronic appliances (household) and furniture is listed as a separate use in the list of permitted use in the B-2-2 Community Business District and therefore cannot be considered as a continuation of a non-conforming use under the Urban Renewal Plan.

2. The proposed use of the premises is a rent to own facility as listed in the Hamilton Business Area Urban Renewal Plan, as amended per Ordinance No. 564 and approved June 13,1995;

3. The Hamilton Business Area Urban Renewal Plan is still in effect;

4. Section l-206(b) of the Zoning Code applies in this case.

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Cite This Page — Counsel Stack

Bluebook (online)
908 A.2d 111, 170 Md. App. 671, 2006 Md. App. LEXIS 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mayor-of-baltimore-v-neighborhood-rentals-inc-mdctspecapp-2006.