| Chissell v. Mayor and City Council of Baltimore, 193 Md. 535, 69 A.2d 53 (1949)
OVERVIEW: Baltimore, Md., Ordinance No. 169 made the streets where the landowners' properties were located into one-way streets. The landowners received notices of increased assessments for their properties, but they did not appeal or request a reduction. The landowners instead sought to enjoin the enforcement of the ordinance and the collection of the taxes because of the alleged fraudulent manner in which the increased assessments were made. The trial court dismissed the landowners' action, and they appealed. The court held that Ordinance No. 169 was an exercise of the City's strictly governmental power over streets, not an invasion of property rights or other personal rights, and was designed to regulate and promote the use of the streets for the primary purpose of streets, that is, for passage. The court determined that such legislation, otherwise valid, could not be pronounced arbitrary, capricious, or fraudulent because it was dictated by the logic of events, to carry out a plan already followed for several years and to make use of a preparatory expenditure already made. The court concluded that there was no indication that the City concealed or withheld any "inside information."
See MSA SC 5339-219-3
See also R. Garland Chissell, et al v. Mayor and City Council of Baltimore Papers Collection, MSA SC 5905. |
