| Bostock v. Sams, 95 Md. 400, 52 A. 665 (1902)
See also MSA SC 5339-230-14
Appeal from Baltimore City Court of Common Pleas
OVERVIEW: Petitioners argued that they complied with the notice and application requirements contained in Baltimore, Md., City Code art. 50, §§ 25 and 27 (1893), and that, therefore, defendants
were required to issue a building permit to them. Defendants, on the other hand, argued that Baltimore, Md., City Code art. 50, § 28 (1893) gave them authority to deny a permit if, in the opinion of their
majority, the building for which the permit was applied for would not conform to the general character of the buildings previously erected in the same locality and would tend materially to depreciate the value
of the surrounding improved or unimproved property. The court reversed the order and remanded the cause, opining that that portion of § 28, which attempted to give defendants such arbitrary authority to
deny petitioners a building permit was ultra vires and void. The court reasoned that neither the City's charter nor any other legislative enactment conferred any such power upon the City or its agents either
expressly or implicitly, and that such power was not included within a general grant to a city of "police powers."
First Case:
Appellate Court Records:
COURT OF APPEALS (Docket) Bostick and Noel v. Sams, et al.,
1902, April Term, case no. 54, p. 380, MdHR 640 [MSA S412-14, 1/66/14/45].
COURT OF APPEALS (Records and Briefs) Bostick and Noel v.
Sams, et al., 1902, April Term, case no. 54 [MSA S1733-188, 1/65/2/36].
COURT OF APPEALS (Opinions) Bostick and Noel v. Sams, et
al., 1902, April Term, case no. 54, MdHR 707-144 [MSA S393-130, 1/65/13/76].
Trial Court Records:
Case filed 8 November 1901; dismissed 18 March 1902.
BALTIMORE CITY CIRCUIT COURT (Equity Docket A) Bostick
and Noel v. Sams, et al., 1901, Liber 41A, p. 250, case no. A1250 [MSA T55-41, 3/4/1/24].
BALTIMORE CITY CIRCUIT COURT (Equity Papers A) Bostick
and Noel v. Sams, et al., 1901, box no. 2374, case no. A1250 [MSA T53-2947, 3/8/3/67].
Second Case:
Appellate Court Records:
COURT OF APPEALS (Docket) Bostick and Noel v. Sams, et al.,
1902, April Term, case no. 53, p. 379, MdHR 640 [MSA S412-14, 1/66/14/45].
COURT OF APPEALS (Records and Briefs) Bostick and Noel v.
Sams, et al., 1902, April Term, case no. 53 [MSA S1733-188, 1/65/2/36].
COURT OF APPEALS (Opinions) Bostick and Noel v. Sams, et
al., 1902, April Term, case no. 53, MdHR 707-144 [MSA S393-130, 1/65/13/76].
Trial Court Records:
Case filed 19 March 1902. Unable to locate any Court of Common Pleas records. See information contained in Records and Briefs.
Baltimore City Archives:
Baltimore City Solicitor case file no. 512--Unable to locate
Scanned as msaref 5458-51-4430
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