Armstrong v. Mayor

979 A.2d 98 (2009)

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Nature of the Case

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Facts

Baltimore's (D) Code provides that a 'dwelling unit' may be occupied by no more than one 'family.' Four unrelated individuals (and no more) who live together comprise a 'family,' if they form a 'single housekeeping unit.' Cresmont Properties Ltd. (Cresmont) owns a 28,132 square-foot parcel of land. Ps, a group of neighborhood residents, opposed to Cresmont's development of and the particular use established on the Property. The Zoning Administrator issued to Cresmont a permit to construct a seven-story residential apartment building, consisting of twenty-six dwelling units and an adjacent parking lot with thirty-three parking spaces. Cresmont saw as the principal market for its units the student body at The Johns Hopkins University's Homewood Campus. Ps urged that the suites were not dwelling units. They claimed that the developer intended to lease separately each of the four bedrooms in each of the suites. Thus, as this argument proceeded, the Property actually housed 104 individual 'rooming units.' Ps introduced several of Cresmont Loft's promotional materials which made clear that Cresmont intended to rent the twenty-six suites to a total of 104 individual tenants. D issued a written decision affirming the issuance of the now third construction permit. It found that each apartment constitutes a separate unit with each having four bedrooms, kitchen facilities, two bathrooms, and a living area and dining area. It found that the above arrangement complies with the definition of a 'Dwelling Unit' as stated in Section 1-137 of the Zoning Code. It also found that under the definition of 'Family' as stated in Section 1-142 of the Zoning Code, each dwelling unit may have up to four unrelated people living together as a single housekeeping unit within the dwelling unit. It determined that even though the four occupants of a dwelling unit have separate leases with the lessor, such arrangement does not alter the fact that they are living together as a single housekeeping unit where the testimony established that they would be sharing normal household responsibilities such as cooking, cleaning, and other related household duties. Ps filed a petition for judicial review in the Circuit Court. The Circuit Court affirmed the decisions of the Board. Ps appealed to the Court of Special Appeals, which, in an unreported decision, affirmed in part and reversed in part. Ps again appealed and were granted a writ of certiorari to determine whether 'the arranged, intended, designed, and actual use of Cresmont [Loft] was and is 26 'dwelling units' for 26 'families.''