Green v. Garrett, 192
Md. 52, 63 A.2d 326 (1949)
See also MSA SC 5339-230-39
October Term 1948 No. 58
Appeal from Baltimore City Circuit Court No. 2
The Department owned a stadium built on an abandoned brick yard. Seventeen years after it was built, lights
were added and night games held. Five years later, the baseball club used the stadium after
fire destroyed its facilities. After playing games there for three years, the Department offered a long term
agreement for the stadium's use. The court rejected the argument that the issue was moot. The court
held that the Department had the authority to permit professional games at the stadium. The court acknowledged
that the agreement provided for a substantial increase of professional activities at the stadium.
The court explained that the stadium was a non-conforming use, established before the adoption of residential
zoning for the area. The court ruled that the Department was entitled to continue the use. The
court agreed with the trial court's restrictions on the use of the loudspeaker. The court directed modifications to
the lighting system because it was not necessary to project blinding lights into peoples' homes.
The court also directed paving of the parking lots to eliminate dust and parking problems. The court added that
the police were responsible for keeping order.
Appellate Court Records:
COURT
OF APPEALS (Opinions) Green v. Garrett, 1948, case no. 58, MdHR 11,488-7 [MSA S393-261,
1/66/6/12].
COURT
OF APPEALS (Records and Briefs) Green v. Garrett, 1948, case no. 58 [MSA S1733-1248, 1/27/3/45].
COURT
OF APPEALS (Misc. Papers) Green v. Garrett, 1948, case no. 58, MdHR 10,903-2 [MSA S397-121,
1/65/8/15].
COURT
OF APPEALS (Transcripts) Green v. Garrett, 1948, case no. 58, vols. 1-2, MdHR 10,898-8 [MSA S434-77,
1/67/11/6] .
COURT
OF APPEALS (Transcripts) Green v. Garrett, 1948, case no. 58, vols. 3-4, MdHR 10,898-9 [MSA
S434-100, 1/67/11/7].
Trial Court Records:
BALTIMORE
CITY CIRCUIT COURT NO. 2 (Equity Docket A, Miscellaneous) 1947, Volume 56A, pps. 721, 745, case
no. 29205A [MSA T996-57, 1/40/10/50].
BALTIMORE
CITY CIRCUIT COURT NO. 2 (Equity Papers A, Miscellaneous) 1947, Box 2384 Case No. 29205A [MSA
T56-2384, 3/25/1/16].
BALTIMORE CITY CIRCUIT COURT NO. 2 (Equity Papers A, Miscellaneous) 1947, Box 2406 Case
No. 29205A [MSA T56-2385, 3/25/8/41] (photographs)--unable to locate
Baltimore City Archives:
Baltimore City Law Department, case files,
Frederick E. Green et. al vs. Mayor and City Council et. al., Stadium Case, Investigation Research and Trial Notes, box no. 794, case no. 81980 [MSA BRG13-2-47-1,
BC/30/15/028].
Baltimore City Law Department, case files,
Stadium Case, General Correspondence, box no. 794, case no. 81980A [MSA BRG13-2-47-2, BC/30/15/028].
Baltimore City Law Department, case files,
Stadium Case, Plans and Stadium Commitee Report, box no. 794, case no. 81980B [MSA BRG13-2-47-3, BC/30/15/028].
Baltimore City Law Department, case files,
Stadium Case, Fire Department Detail to Stadium, investigation and research, box no. 794, case no. 81980C [MSA BRG13-2-47-4, BC/30/15/028].
Baltimore City Law Department, case files, Stadium Case, Historical
Reference and Research, box no. 794, case no. 81980D [MSA BRG13-2-47-5, BC/30/15/028].
Baltimore City Law Department, case files, Stadium Case, Records and Briefs, box no. 795, case no. 81980E [MSA BRG13-2-47-6, BC/30/15/029]
Part 1
Part 2
Part 3
Scanned as msaref 5458-51-4429; 5458-51-4582/4587
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