Agenda - Planning Commission - 03/06/2000

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Page 4 -- February 10, 2000 Z.B. Standing -- Competing gas station appeals permit decision MARYLAND (01/11/00) -- Cloverland Farms Dairy Inc. obtained a zoning permit to construct a gasoline service station with an accessory convenience store. Eastern Service Centers Inc. owned an ~moco .station approximately one block from Cloverlarid's proposed site. . . In ~ranting the permit, the' Board ~f Municipal and. Zoning· Appeals of Baltimore'City found a convenience st°~e Was Customarily incident and sub°r- dinate to a ga~ stati0n'afid was an accesdoi'y USe. Eastern sued.. The court upheld the bohrd's de, ion, finding a reasonable per- son could believe a convenience store wa~ an aCC~ss°ry Use to a gasoline.station.. Eastern appealed, arguing Clovefl~.'.did not offer substantial evidence the convenience st6r6 ~vas an accessory.ese to a gasoline station. In particular, Eastern asserted the board and court err'ed in finding a convenience store was customarily found'or associated with g~i~01ine service stations. Ci0verland re- sponded by arguing Eastern had' no staii..ding to sue. · '~ . .... ' . ; ,~.'..: . -.. DECISION: Dismissed for lack of.standlng. Eastern had no standing to sue Cloverland. · Under state law, a person whose sole reason for appealing a decision of the zoning board was to prevent competitioii with his or her established business did not have standing. ' .... " During the board hearing concemin~ the permit, Easter~ stated Cloverland wanted to "come in and destroy the gasoline market to enhance their store sales." Eastern went on to claim its "basic objection is what they'll do to the market." Eastern admitted preventing competition was its purpose behind ap-' pealing the decision. AlthoUgh the case.. Was dismissed fg..r; 1.ack of st~ding, the board's acces-. s~ h§e d~cision ~as reasonable.. ff a us.e.'., did not change the basic, nature of the" primar~'u.~e'and.w.'.as ~ciden. tal and supportive'of that pi'imary use, it'was rea- sonable.to ml.e it was an. accessory use. A convenience store did not.~hange the basic nature of a gasoline station and the board c6uld reasonably decide it was ' .- .... 1:.~ , . - '. · · . an accessory use. · .:, . . ,. ¥.:';.' ,, · . .' . t.L:}.; .... .. - ..; '. - Citation: Eastern Service. Centers Inc. v.'. Cloverland Farms Dairy Inc:, Court of $1~ecial At~t~eals of Maryland, No,.1814, Set~tember'T~rm, J998 (2000) .. ':. .:~ ' ' ' ~ '..~" ' "~': "' ' ,i . · i, . see also: B~yhiarski'~; Montg/~)nery Co., 230 A. 2d 289 , , .. , . .~,.. . . ,)t ... . ; " see also: Kreatchman v. Ramsburg, l_67 A~2d 345 (!961).. ..... .. Code -- Lawyer wants to fly pirate flag outside his offices MINNESOTA (12/27/99) ~ Young practiced law in the city of Rose.ville. Outside his office, Young had a flagpole 'that was approximately 60 feet tall. Initially, it was used to fly the American flag.