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Mombee TLC, Inc. v. Mayor and City Council of Baltimore No. 1779, September Term, 2004 Administrative Proceedings A prevailing minority of a board is required to issue findings of fact and conclusions of law so as to permit judicial review of its decision.

REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1779 September Term, 2004

MOMBEE TLC, INC. v. MAYOR AND CITY COUNCIL OF BALTIMORE

Eyler, Deborah S., Krauser, Rodowsky, Lawrence F. (Retired, specially assigned), JJ.

Opinion by Krauser, J.

Filed: October 6, 2005

To

obtain

a

nonconforming

use

permit

for

the

adult

entertainment presented at its bar, the aptly named "Club Bunns," appellant Mombee TLC, Inc., filed a "use" application with

Baltimore City's Department of Housing and Community Development. When the Office of the Zoning Administrator denied that

application, appellant took the matter before the City's Board of Municipal and Zoning Appeals (the "Board"). achieved what, under other circumstances, There, appellant would have been a

victory: Three of the five Board members voted to allow appellant to continue presenting adult entertainment1 - two did not. Because a supermajority of the Board, that is, four out of its five members, must approve such an application, it was denied. Md. Code (1957, 2003 Repl. Vol.), Art. 66B

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