Mayor and City Council of Baltimore v. Augustus Bouldin, et al
23 Md 328
CASE SUMMARY
PROCEDURAL POSTURE: Appellants, Mayor and City Council of Baltimore, challenged a decree from the Superior Court of Baltimore City (Maryland) granted in favor of appellee
lot owners that overruled appellants' motion to dissolve the injunction preventing the condemnation of the lot owners' property and to make that dissolution perpetual.
OVERVIEW: The lot owners filed a bill of complaint against appellants resisting any application of regulations to an avenue along their lots and opposing the making of
improvements
to the avenue. The trial court found that the application to pave the avenue was not signed by all the proprietors along the avenue and that the avenue was not a condemned street
pursuant to Baltimore, Md., Rev. Ordinance No. 15, §§ 1, 36 (1850), and enjoined appellants from making the improvements. On appeal, the court reversed, and dismissed the bill,
holding that the trial court incorrectly imposed the injunction obtained by the lot owners and also made it perpetual. The court found that the notice provided to the lot owners complied
with the Act of 1838 (Act), ch. 226, § 1, according to which Baltimore, Md., Ordinance No. 61 (1851) was passed. The court found that Ordinance No. 61, which authorized the
widening and condemnation of the avenue, was a legitimate exercise of power pursuant to the Act. The court found that appellants possessed the right of condemnation to the degree that
the avenue already existed as a public highway before Ordinance No. 61 directed its widening and condemnation.
OUTCOME: The court reversed the decree which overruled appellants' motion to dissolve the injunction preventing the condemnation of the lot owners' property and to make that
dissolution perpetual. The court dismissed the lot owners' bill and required that the parties pay their costs.
Appellate Courts Records:
COURT OF APPEALS (Docket) Mayor and
City Council of Baltimore v. Augustus Bouldin, et al, 1865, April Term no. 213, p. 324 [MSA S412-8, 1/66/14/39].
COURT OF APPEALS (Opinions) Mayor and
City Council of Baltimore v. Augustus Bouldin, et al, 1865, April Term no. 213 [MSA S393-21, 1/65/12/63].
See also:
COURT OF APPEALS (Docket) Mayor and
City Council of Baltimore v. Augustus Bouldin, et al, 1865, October Term no. 153, p. 370 [MSA S412-8, 1/66/14/39].
COURT OF APPEALS (Opinions) Mayor and
City Council of Baltimore v. Augustus Bouldin, et al, 1865, October Term no. 153 [MSA S393-22, 1/65/12/64].
COURT OF APPEALS (Briefs) Mayor and
City Council of Baltimore v. Augustus Bouldin, et al, 1865, October Term no. 153 [MSA S375-41, 1/64/13/10].
Trial Courts Records:
BALTIMORE CITY SUPERIOR COURT
(Chancery Docket) Bouldin, et al v. Mayor and City Council of Baltimore, 1863, p. 158 [MSA C166-4, 2/15/9/11].
BALTIMORE CITY SUPERIOR COURT
(Chancery Docket) Bouldin, et al v. Mayor and City Council of Baltimore, 1863, C no. 17, MdHR 40,200-6005-1/9 [MSA
C168-1630, 2/16/6/76].
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