Mayor and City Council of Baltimore v. Victor Clunet, next friend of C. Clunet, et al
23 Md 449
CASE SUMMARY
PROCEDURAL POSTURE: Appellee property owners sought to restrain appellant mayor and city council from enforcing Baltimore, Md., Ordinance to Open a Street in Continuation
of Holliday Street, from Baltimore Street to Second Street. The mayor and city council sought review of an order of the Circuit Court of Baltimore City (Maryland), which granted an
injunction as requested by the owners.
OVERVIEW: The street opening ordinance provided that the street opening would take place in accordance with Baltimore, Md., Rev. Ordinances of 1858, No. 15 (June 5,
1858).
The owners complained that the ordinance was invalid. In reversing the order granting the injunction, the court reasoned that Ordinance No. 15 provided that in cases of partial takings
an
owner could claim compensation for the whole; the part not taken would be sold and proceeds used toward the cost of a public improvement. This provision was valid under the Act of
1838, ch. 226 (Maryland) in part because the owner in such a case consented to the taking of the rest of the property. Under that Act, the street opening ordinance could provide for an
appeal either to the superior or criminal court, which had concurrent jurisdiction; preservation of an owner's jury trial right was accomplished either way. Courts should not hold an
ordinance void unless it was invalid beyond reasonable doubt. Md. Code Ann. vol. 2, art. 4, § 837 gave the mayor and city council discretion to decide if it was proper to open a street;
they could validly require certain persons' assent to a provision about settlement of damages to their property.
OUTCOME: The court reversed the order granting the injunction and dismissed the bill with costs to the mayor and city council.
Appellate Court Records:
COURT OF APPEALS (Docket) Mayor and
City Council of Baltimore v. Victor Clunet, next friend of C. Clunet, et al, 1865, April Term no. 211, p. 324 [MSA S412-8,
1/66/14/39].
COURT OF APPEALS (Opinions) Mayor and
City Council of Baltimore v. Victor Clunet, next friend of C. Clunet, et al, 1865, April Term no. 211 [MSA 393-21, 1/65/12/63].
COURT OF APPEALS (Briefs) Mayor and
City Council of Baltimore v. Victor Clunet, next friend of C. Clunet, et al, 1865, April Term no. 211 [MSA S375-39, 1/64/13/8].
Trial Court Records:
BALTIMORE CITY CIRCUIT COURT
(Equity Docket A) Clunet v. Mayor and City Council of Baltimore, 1865, 7A, p. 13 [MSA T55-7, 3/3/14/35].
BALTIMORE CITY CIRCUIT COURT
(Equity Papers A) Clunet v. Mayor and City Council of Baltimore, 1865, box no. 119 [MSA T53-135, 3/11/14/59].
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