Attar v. DMS Tollgate, LLCAnnotate this Case
Applicants applied for a petition for a special exception in the Baltimore County Zoning Regulations to operate a fuel service station with a convenience store. At a hearing conducted by the Office of Administrative Hearings (OAH), several petitioners (collectively, Protestants) attended in opposition of the grant of the special exception. The OAH granted the petition with conditions. After a de novo evidentiary hearing, the Board of Appeals for Baltimore County approved the conditions for the special exception. The circuit court affirmed the Board’s decision. The Court of Appeals affirmed, holding (1) the Board’s description of the neighborhood impacted by the special exception was precise enough to enable a party or appellate court to comprehend the area that the Board considered; and (2) the Board correctly determined that the Protestants failed sufficiently to rebut the presumption of validity of a special exception.