Randolph Hills, Inc. v. Whitley

238 A.2d 257, 249 Md. 78, 1968 Md. LEXIS 576
CourtCourt of Appeals of Maryland
DecidedFebruary 21, 1968
Docket[No. 81, September Term, 1967.]
StatusPublished
Cited by17 cases

This text of 238 A.2d 257 (Randolph Hills, Inc. v. Whitley) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Randolph Hills, Inc. v. Whitley, 238 A.2d 257, 249 Md. 78, 1968 Md. LEXIS 576 (Md. 1968).

Opinions

McWilliams, J.,

delivered the opinion of the Court. Barnes, J., concurred in part and dissented in part and filed a separate opinion; see page 90, infra.

This will be the last, we hope, of the Marcus,1 Baker 2 Wahler3 Randolph Hills 4 tetralogy. The properties involved in these four cases are contiguous and a part of the property in this case was before us in Baker. It is at once apparent that Marcus, Baker and Wahler will be required reading for anyone seeking a full understanding of this opinion. It should be observed, perhaps, that Wahler was argued the day before this case was argued and that it was decided only two days before our decision here.

It will be less confusing, more convenient, but perhaps somewhat less elegant, to refer to the triangular 62 acre tract which [80]*80has become our concern as the subject property.5 Its northern boundary, also the base of the triangle (the apex is to the south), runs for most of its 2600 feet along Jingle Lane and Briggs Road. The southeastern side, about 1500 feet, fronts on Layhill Road, a busy thoroughfare. The southwestern side, about 2400 feet, abuts the Marcus tract, the Wahler tract, some R-90 property and some R-T property. It joins the base of the triangle at Jingle Lane. For rezoning purposes the tract was divided into 3 unequal parcels. R-T zoning was requested for the 6.4 acre parcel on the west, part of which fronts on Jingle Lane. R-T or R-20 was requested for the 5.9 acre center parcel. R-20 was requested for the 49.6 acre eastern parcel, about half of which is the property for which R-20 was sought in Baker. Most of the subject property is wooded although some parts of it have been cleared. The eastern and center parcels are relatively level. The western parcel is rolling.

All of the land for one-half mile north of the subject property is zoned R-90. Beyond that the zoning is R-R (Rural Residential). One finds throughout this area scattered single family residences and vacant land. To the west is a large subdivision known as Foxhall, zoned R-90. To the east across Lay-hill Road is the Layhill South Subdivision, a portion of which is wooded and which contains a number of large, new, single family residences. To the south and southwest are the Marcus tract, which is zoned R-30, the Wahler tract (now R-60), a church and 4.2 acres recently zoned R-T. Everything else is R-90. All of the land on the southwest side of Georgia Avenue, except 4 acres of R-T, is zoned R-60.

When the Council adopted its resolution (9 August 1966) there had been pending for some time two condemnation suits initiated by the Montgomery County School Board, one of which sought the acquisition of about 40% of the eastern parcel; the other sought to acquire nearly 65% of the center and western parcels. The Council excluded both areas from its resolution.

[81]*81The technical staff recommended denial of all three applications. The Planning Board approved the recommendation of the staff and recommended to the Council the rejection of the three applications. Noting the disapproval of a number of earlier (since 1955) applications for the rezoning of parts of the subject property, the staff was of the opinion “that multi-family zoning should not be permitted to expand at this location.” The staff found that “the existing R-30 zoning [Marcus tract] to the south serves as a more than adequate buffer between the commercial center located farther to the south and the area to the north which was planned and zoned for single family residential development.” The existing multi-family area, it went on to say, “is of a sufficient depth and arranged in such a manner so as to require, in the staff’s opinion, no further expansion.” (Emphasis supplied.) The staff also felt the rezoning “would generate a vastly increased amount of traffic, compounding the already overcrowded and oftentimes dangerous existing situation in this area.”

After a hearing on 3 June 1966 the Council adopted 3 resolutions. In respect of the western parcel, after expressing disagreement with the Planning Board and its staff, it reclassified the remaining (after excluding the school site, etc.) 2.5731 acres from R-90 to R-T. The Council was of the opinion the “Glenmont area has changed from that of a single-family residential community to that of a rapidly expanding combination of commercial and multiple-family uses.” Reference was made to its statement in Marcus that the R-30 classification in that case would provide “ ‘a nice transition between commercial and R-90 zoning.’ ” But, the Council went on, “since that decision ❖ * =1= the * * * area has continued on its rapid expansion of commercial and apartment uses. Thus, the Council finds no justification for holding the line at the same points as were warranted in 1963. It woidd seem more logical to extend apartment use to P-14 [Briggs Road] at this time.” (Emphasis supplied.) It found further that “the granting of * * * [the] application * * * [would] have no detrimental effects to the use or development of the adjacent properties or to the neighborhood.”

The second resolution, virtually a facsimile of the first, re[82]*82classified the remaining 2.0641 acres in the center parcel from R-90 to R-20. The third resolution, also a virtual facsimile of the first and second, reclassified the remaining 25.3284 acres in the eastern parcel from R-90 to R-20.

The appeal to the circuit court was heard by Judge Pugh on 9 February 1967. The proceedings were not reported. On 28 February Judge Pugh reversed the decisions of the Council and filed an opinion stating his reasons for so doing. “To say that there has been a substantial change in the character of the neighborhood,” he announced, “would be mere folly and not based upon a proper consideration of the actual situation.” We think Judge Pugh reached the correct result.

I.

Appellant contends the testimony of Leslie Williams, an expert whose qualifications are indeed impressive, makes the question of mistake in the original zoning of 1954 fairly debatable. In limine, it should be recalled that the Master Plan, adopted by the Planning Commission in April 1961 continued the subject property in the R-90 classification. In Marcus (1964) the Council seemed content to continue R-90 and expressed satisfaction that the R-90 would be protected by the Marcus buffer. In Baker (1966) no effort was made to show that there had been a mistake in the original zoning. In Wabler the issue of mistake was not raised. Indeed, neither the Council nor the Planning Board nor its staff touched upon the subject of mistake in any of the opinions filed in the instant case.

Mr. Williams was a skilled, articulate witness and he did go on. He thought “great mistakes” had been made in the master plan. He said there was “no recognition whatsoever of the interrelationship of transportation facilities, such as major highways, and the effect it would have upon land development itself.” He pointed to the “tremendous effect” the “Outer Circumferential Freeway” and the “Northern Parkway” and the proposed interchanges will have on the area. Although these roads are a long way from reality they are shown on the master plan. Also shown are the proposed interchanges to which Mr.

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Randolph Hills, Inc. v. Whitley
238 A.2d 257 (Court of Appeals of Maryland, 1968)

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Bluebook (online)
238 A.2d 257, 249 Md. 78, 1968 Md. LEXIS 576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/randolph-hills-inc-v-whitley-md-1968.