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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 696 September Term, 2004 _______________________________

JACK ANTWERPEN, ET AL.

V.

BALTIMORE COUNTY, MARYLAND

_______________________________ Salmon, Eyler, Deborah S., Krauser, JJ. _______________________________ Opinion by Salmon, J. Filed: July 7, 2005

This is a zoning case.

The property affected by the zoning

consists of approximately 2.5 acres zoned B.M. (Business Major) and is located on the northwest corner of the intersection of Brenbrook Drive and Church Lane in the Randallstown area of Baltimore County. It is improved with a large automobile dealership building.

Adjoining the building is an outdoor sales area.

The property is

owned by Jack Antwerpen and Antbren, LLC (hereafter "Antwerpen"). The selling of used automobiles is the business of 3636 LLC, D/B/A Prestige Imports ("Prestige"). Antwerpen's goal is to move

Prestige's used-car operation lawfully onto the subject property. In preparing for the move, Antwerpen learned that the Baltimore County zoning office took the position that a used-automobile dealership was not permitted in the B.M. zone. contrary position, and on August 2, 2001, Antwerpen took a filed a

Antwerpen

petition for special hearing with the Baltimore County Department of Permits and Development Management. The request for a "Special Hearing" was made pursuant to Section 500.7 of the zoning regulations of Baltimore County. Antwerpen asked for a determination of whether it was permissible in a B.M. zone to use the land for "[t]he sale of used automobiles as a principal use in an automobile sales room and adjoining outdoor sales area . . . ." At the time the petition for special hearing was filed, Baltimore County Zoning Regulation (BCZR) Section 233.2 provided that the following was a permitted use in a B.M. zone:

Automobile sales room and adjoining outdoor sales area, provided that dismantled or junk cars unfit for operation on the highways shall not be stored outdoors. In the B.R. (Business Roadside) zone, which allows more intense uses than the B.M. zone, one can operate "a used automobile vehicle outdoor sales area, separated from a sales agency

building," only if a special exception is granted. 236.4 of the BCZR.1

See Section

Reading Sections 233.2 and 236.4 in tandem,

the Baltimore County zoning office had, for a number of years prior to Antwerpen's petition for a special hearing, taken the position that Section 233.2 permitted sales of new but not used automobiles in a B.M. zone. The Baltimore County Zoning Commissioner's policy manual, which is authorized by Section 26-135 of the BCZR, permits the director of the zoning office to promulgate rules and policies as a guide to the application of zoning regulations. The policy

manual includes a chart of permissible uses in various zones. That chart indicates that the use of property in a B.M. zone for used car sales is prohibited. On September 4, 2001, the Baltimore County Council passed Bill 71-01. The purpose of that bill was to make it clear "that

new car sales are permitted as of right in the B.M. zone but that used-car outdoor sales areas were permitted in the B.M. zone only by special
1

exceptions

as

part

of

a

commercial

planned

unit

The Baltimore County Council created three business zones

Download Antwerpen v. Baltimore County.pdf

Maryland Law