Schultz v. Pritts

432 A.2d 1319 (1981)

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Nature of the Case

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Facts

Ps are contract purchasers of a 2.74-acre tract of land zoned R-20,000 (single-family residential development -- 20,000 square feet minimum lot size). Ps filed an application with the Board requesting a special exception use to develop a funeral establishment and a variance for reduction of the minimum front yard requirements. The Board held a hearing. Ds appeared in opposition. The Board denied the requested special exception use and held that the request for the variance was moot. Ps appealed to the Circuit Court which determined that there had been a denial of due process because the Board had considered evidence submitted after the close of the hearing. It reversed and remanded. Ds appealed to the Court of Special Appeals. Ps cross-appealed on the ground that the Circuit Court should have granted the special exception use. The Court of Special Appeals determined that the Circuit Court's order remanding the case to the Board was not a final judgment and dismissed the appeal. Ds filed a petition for a writ of certiorari, and Ps filed a cross petition. Ps contend that the Board's decision denying the requested special exception use was arbitrary, capricious, and illegal.