Trip Associates, Inc. v. Mayor and City Council of Baltimore

392 Md. 563, 898 A.2d 449 (2006)

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Trip Associates, Inc. v. Mayor and City Council of Baltimore

Maryland Court of Appeals
392 Md. 563, 898 A.2d 449 (2006)

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Facts

Anthony Triplin (plaintiff) owned Trip Associates, Inc. (plaintiff) and Club Choices, a nightclub sometimes featuring adult entertainment. In 1983, Triplin bought property that he used for the operation of Club Choices. At the time Triplin purchased the property, the applicable zoning ordinance did not prohibit the use of the property for adult entertainment. The prior owner of the property had also featured adult entertainment up to five nights a week. Triplin featured adult entertainment two nights per week and music and comedy on the other nights. In 1994, Baltimore passed a zoning ordinance declaring adult entertainment in the district containing Club Choices was a nonconforming use. Triplin continued to feature adult entertainment at Club Choices. In 2000, Baltimore issued a violation notice, directing Triplin to stop using the premises for adult entertainment. Triplin appealed to the Board of Municipal and Zoning Appeals (the board), which ruled Triplin was entitled to provide adult entertainment two nights a week. Triplin then sued, arguing the board had no power to restrict his nonconforming use of the property for adult entertainment to two nights a week. The trial court and the court of special appeals ruled against Triplin. Triplin appealed to the Maryland Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Bell, J.)

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