Renz v. Bonfield Holding Co.

158 A.2d 611, 223 Md. 34
CourtCourt of Appeals of Maryland
DecidedJune 21, 1960
Docket[No. 148, September Term, 1959.]
StatusPublished
Cited by14 cases

This text of 158 A.2d 611 (Renz v. Bonfield Holding Co.) 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
Renz v. Bonfield Holding Co., 158 A.2d 611, 223 Md. 34 (Md. 1960).

Opinions

Bruñe, C. J.,

delivered the opinion of the Court.

The appellee, Bonfield Holding Company (Bonfield) applied for the zoning reclassification of about seventeen acres of land to the east of the intersection of Loch Raven Boulevard and Hillen Road in the 9th Election District of Baltimore County, just to the north of the Baltimore City Line. The Zoning Commissioner granted the requested reclassification from R-6 (residential—individual or duplex homes on lots of not less than 6,000 square feet) to R-G (residential—group, or row houses). The appellants, residents of the neighborhood, who had protested against the reclassification, appealed to the County Board of Appeals (the Board), and the Board by a 2-1 decision reversed the action of the Zoning Commissioner. Bonfield then sought a review of the Board’s action by certiorari proceedings in the Circuit Court for Baltimore County, [38]*38and the appellants intervened in those proceedings. The Circuit Court, being of the opinion that there had been an error in the original zoning, reversed the Board. The intervenors appealed.

In 1955, the Board of County Commissioners of Baltimore County approved a comprehensive rezoning map for the 9th Election District. In connection with the new map studies were made and a land use map was prepared by the staff of the Planning Commission and this map was considered and approved by that Commission and was transmitted to the Zoning Commissioner. For the tract here in question and for the property to the north of it, the Planning Commission recommended R-6 zoning. After all procedures for the adoption of the map had been complied with, the County Commissioners made a last minute change by which they zoned a part of the land adjoining the subject property on the north as R-A (residential—apartments), because that property had been zoned for apartment use some years previously. Apparently in order to avoid delay, the County Commissioners made this change without referring the map back to the Planning Commission for further comments or suggestions.

The property involved in this case is shaped more or less like a slice of pie. Instead of having a sharp point at its western end, it has a rather rounded frontage of about 315 feet on Hillen Road just south of its junction with Loch Raven Boulevard, a heavily traveled highway. From the northern end of the Hillen Road frontage, the northern boundary runs roughly east-northeast for about 1600 feet. For the first (westerly) 1200 feet or so the adjacent land to the north is zoned R-A; for the balance it is zoned R-6. The easterly boundary extends more or less south for about 910 feet. East of it lie the open so-called Herring Run flood plain and the site of a new County school. Beyond them at a distance 200-400 feet from the subject property is an area now zoned R-G, formerly zoned B-L (a commercial use zoning). The southern boundary of the tract in question, about 1530 feet long, runs along the northern side of Mount Pleasant Park, owned by the City of Baltimore. This end of it is described by the majority opinion of the Board as “a cleared, well maintained [39]*39woodland area most pleasant to contemplate.” South of the City line and east of the park are many group houses.

Bonfield purchased the property now in question in 1957 with full knowledge of its R-6 zoning. Bonfield’s subsequent discovery of the R-A zoning of the adjacent property to the north or northwest inspired the present application for R-G zoning, which applies to all of Bonfield’s 18 acres except a strip of about one acre, 150 feet deep along the Hillen Road frontage.

Bonfield’s basic contention is that restoration of the R-A zoning of part of the adjoining tract to the north made the 1955 zoning of the Bonfield tract erroneous. It makes two subsidiary contentions, neither of which is of any force. Its claim that it is “hemmed in” by group housing was found “wholly untenable” by the majority of the Board, and we agree. There is much group housing in the general area, but neither the R-6 tract, the Herring Run flood plain (an open space), the County school site, nor the wooded parkland which adjoins the Bonfield tract is a group housing area. The R-G area to the east is on the far side of the flood plain, and its present classification is a recent upgrading from a commercial use zone. The other minor claim of Bonfield is that there has been a change in the character of the neighborhood. The only change shown is that just referred to across the flood plain, which was an upgrading.

Error in the 1955 zoning was the basis of the dissenting opinion in the Board and of the holding of the trial judge in the Circuit Court. The evidence to support it is slim. Mr. Muller, a former County Commissioner, former Zoning Engineer, former Building Engineer, former Zoning Commissioner and former ex officio member of the Planning Board, testifying as an expert (he is also a member of a firm employed to do engineering work for Bonfield), thought that the 1955 zoning was in error as to the Bonfield tract because of the adjacent R-A zoning. He claimed that the logical development for the property is for group housing, and not necessarily for apartments. He thought it a “possibility” that the Planning Board would have changed the classification of the Bonfield tract (to what is not stated) if the then owner [40]*40of the property had come before the Board with knowledge that the R-A classification of the property to the north had been put back on the map. He admitted that when that change was made, the Board of County Commissioners (of which he was then a member) had not given any consideration to the adjoining (now Bonfield) property. He thought the R-6 classification in force when he testified was bad zoning because the property was then practically “hemmed in” by multiple houses (a matter which we have already discussed).

Mr. Adams, the Zoning Commissioner, was permitted to testify as an expert. He thought the existing R-6 classification erroneous, but he did not express an opinion as to the correctness or incorrectness of the 1955 zoning. He referred to the same change in conditions which has already been mentioned, but did not seem to recall that was a rezoning up from B-L (commercial). Mr. Lardner, a real estate developer and a representative of Bonfield, thought the 1955 zoning of the Bonfield tract was in error.

Mr. Gavrelis, the Deputy Director of Planning of the County, presented a staff report, which he had prepared, opposing the proposed R-G reclassification. He denied that it had been an error not to classify the property as R-G in 1955. He admitted that he personally would have no objection to an R-A reclassification and that a good case could be made out for showing error in the 1955 zoning because this property was not then classified R-A. He differentiated between R-A and R-G classifications of this property on two bases— one, density of population as affecting overcrowding of schools and overtaxing of roads and of sewer and water facilities, the other compatibility with neighboring zoning. He thought that either the existing R-6 classification or R-A would be compatible with the adjoining R-A area, but that R-G would not be.

Bonfield sought to equate Gavrelis’ approval of R-A reclassification with approval of R-G classification because density would not be greatly different as between the two. This, of course, did not dispose of Gavrelis’ other ground of differentiation. The two classifications are not the same and the [41]*41Baltimore County Zoning Ordinance makes this clear.

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Renz v. Bonfield Holding Co.
158 A.2d 611 (Court of Appeals of Maryland, 1960)

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Bluebook (online)
158 A.2d 611, 223 Md. 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/renz-v-bonfield-holding-co-md-1960.