Clayman v. Prince George’s County
Maryland Court of Appeals
266 Md. 409, 292 A.2d 689 (1972)
R. Warren Amman applied to have a 6.35-acre parcel of land in Prince George’s County (the county) (defendant) rezoned from rural residential to general commercial for the purpose of building a shopping center. The county’s technical staff recommended that Amman’s application be denied because rezoning the property would be contrary to the county’s existing general zoning plan. The county’s district council disagreed and granted Amman’s rezoning application, finding that: (1) the neighborhood of Amman’s property was the surrounding 51.6-square-mile market area of the proposed shopping center, (2) the neighborhood had increased in density and urbanization, (3) traffic had increased, (4) there were plans to widen or lengthen local roads, (5) sewage service had been made available to new subdivisions in the neighborhood, and (6) there was a need for a shopping center in the area. Based on these findings, the district council concluded that commercial use of Amman’s property was justified because the character of the neighborhood had substantially changed. Lee Clayman (plaintiff) sought judicial review by the trial court, which affirmed the district council’s decision. Clayman then appealed to the Maryland Court of Appeals, arguing that there had not been a substantial change in conditions in the neighborhood of Amman’s property.
Rule of Law
Holding and Reasoning (Barnes, J.)
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