Green v. Garrett, 192 Md. 52, 63 A.2d 326 (1949)
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, MdHR 10,898-8 [MSA S434-77, 1/67/11/6] (volumes 1&2)
COURT OF APPEALS (Transcripts) Green v. Garrett, 1948, case no. 58, MdHR 10,898-9 [MSA S434-100, 1/67/11/7] (volumes 3&4)
Trial court records -
BALTIMORE CITY CIRCUIT COURT NO. 2 (Equity Docket A, Miscellaneous) 1947, Volume 56A page 721 and following [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)
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