Gail Orendorff
Special Topics: Building Baltimore
Case Summaries
Time Period:  1949-1963

#1
Case Name:	G.I. Veterans’ Taxicab Association, Inc. v. Yellow Cab Co. et al., 192 Md. 551 (1949).
Attorneys:	H. Clifton Owens for appellant; Randolph Barton, Jr. and Isidor Roman for the appellee
Opinion By:	Judge Henderson
Topic:		regulation of “taxicab stands;” the right of Baltimore City to regulate the use of taxicab stands by taxicabs regardless of whether they held a permit or not
Time period:	1947-1948

#2
Case Name:	Adams v. Baltimore Transit Company, 203 Md. 295 (1953).
Attorneys:	George L. Clarke and Everett L. Buckmaster for the appellant.  Hamilton O’Dunne and Benjamin C. Howard for Baltimore Transit, appellee.
Opinion By:	Judge Collins
Topic:		Tort suit regarding a person killed by a train, discussing whether the transit company was negligent.
Time period:	1948

#3
Case Name:	Dean v. State, 205 Md. 274 (1954).
Attorneys:	Alan H. Murrell for appellant, Ambrose T. Hartman, Assistant A. G., Edward D. E. Rollins, A.G., Anselm Sodaro, States Attorney for Baltimore City, for appellee.
Opinion By:	Judge Brune
Topic:		Ability of a judge to make use of matters of common knowledge within the field of judicial notice (that certain streets were within city limits) when determining whether statements in an application for a search warrant are sufficient to indicate that an offense is being committee within the judge’s territorial jurisdiction. 
Time period:	?

#4
Case Name:	Grammer v. State, 203 Md. 200 (1953).		
Attorneys:	Joseph Sherbow for appellant, Ambrose T. Hartman for appellee.
Opinion By:	Judge Hammond
Topic:		A defendant convicted of murdering his wife appealed his conviction stating that he had not received a fair trial because of pre-trial publicity.  However, the Df. did not elect a jury trial, and never raised the argument concerning pre-trial publicity in the court below, so could not be raised on appeal.
Time period:	1952

#5
Case Name:	Heubeck v. Mayor and City Council of Baltimore, 205 Md. 203 (1954).
Attorneys:	F. Murray Benson and Henry M. Decker, Jr. for appellant, and Hugo A. Ricciuti, Assistant City Solicitor of Baltimore, for the appellee.
Opinion By:	Judge Horney
Topic:		Limits of Baltimore’s police power with regard to the city’s ability to enact rent control legislation.
Time period:	1947-1953

#6
Case Name:	Mahoney v. Board of Supervisors of Elections of Baltimore City; Dorsey v. Board of Supervisors of Elections of Baltimore City
Attorneys:	Daniel B. Chambers Jr., Clarke Murphy, Jr. and Francis B. Burch for George P. Mahoney; Gately Flynn and William O. E. Sterling for Philip H. Dorsey, Jr.; J. Edgar Harvey and James H. Norris, Jr. for the Bd. of Supervisors in the Mahoney case; J. Edgar Harvey for Baltimore City in the Dorsey case.
Opinion By:	Judge Hammond
Topic:		vote recounts and legitimacy of registered voters in Baltimore City (also known as the “Wow!  The dead have risen to vote in the election” case).
Time period:	1954

#7
Case Name:	Meade v. State, 198 Md. 489 (1951).
Attorneys:	Sol C. Berenholtz for the appellants and Kenneth C. Proctor, Asst. AG for the appellee.
Opinion By:	Judge Marbury
Topic:		Illegal gambling
Time period:	1951

#8
Case Name:	Flaccomio v. Mayor and City Council of Baltimore, 194 Md. 275 (1950).
Attorneys:	Louis R. Milio and Hyman Ginsberg for the appellant and Hamilton O’Dunne for Baltimore City, the appellee.
Opinion By:	Judge Marbury	
Topic:		Whether the taking by Baltimore City, by condemnation, of property on Pratt Street adjoining the Star Spangled Banner Flag House for addition to the museum is a public use in light of the fact that the museum is operated by a private patriotic association.
Time period:

#9
Case Name:	Green v. Garrett, 192 Md. 52 (1949).
Attorneys:	Wilmer H. Driver for the appellants, and Thomas N. Biddison for the appellee, the Dept. of Recreation and Parks
Opinion By:	Judge Marbury
Topic:		Whether the use of Baltimore Stadium for various events constituted a nuisance to residents living nearby.
Time period:	1939-1947

#10
Case Name:	Maryland Advertising Co. v. Mayor and City Council of Baltimore, 199 Md. 214 (1952).
Attorneys:	Frank B. Ober and Alexander Harvey the 2nd for appellant, and Francis J. Valle, Assistant City Solicitor for the appellee.
Opinion By:	Judge Collins	
Topic:		zoning regarding the placement of billboards in the city.
Time period:	1951

#11
Case Name:	Carter v. Mayor and City Council of Baltimore, 197 Md. 70 (1951).
Attorneys:	Willis R. Jones, for appellants and Lloyd G. McAllister, for the appellees.
Opinion By:	Judge Grason
Topic:		Suit to declare void a resolution passed by the Board of Estimates of Baltimore City closing a branch of the Enoch Pratt Free Library and transfer of the use of the land to the Board of School Commissioners.
Time period:	1950

#12
Case Name:	Pressman v. Mayor and City Council of Baltimore, 200 Md. 107 (1952).
Attorneys:	Hyman A. Pressman, and Thomas N. Biddison, City Solicitor for appellees.
Opinion By:	Judge Marbury
Topic:		Taxpayer suit to prevent the city from using the proceeds of a municipal loan intended for “the acquisition and installation of traffic control signals and signs” for the purchase of street signs and block number plates.
Time period:	1951

#13
Case Name:	Fritze v. Mayor and City Council of Baltimore, 202 Md. 265 (1953).
Attorneys:	Edwin J. Murphy for the appellants and Francis J. Valle, Assistant City Solicitor.
Opinion By:	Judge Collins
Topic:		Petition for appeal from a decision by the zoning board denying approval of landowners to erect a building on their property.
Time period:	1952

#14
Case Name:	Barton v. Public Service Commission of Maryland, 214 Md. 359 (1957).
Attorneys:	Hyman A. Pressman, for appellants and Stanley Scherr for appellee.
Opinion By:	Judge Hammond
Topic:		The denial by the Public Service Commission of Maryland of permits for Baltimore County taxicabs to pick up new passengers in Baltimore City  who are going to Baltimore County.
Time period:	1955

#15
Case Name:	Marino v. Mayor and City Council of Baltimore, 215 Md. 206 (1957).
Attorneys:	Donald N. Rothman and Robert Hammerman for appellants and Henry Vogt for appellees.
Opinion By:	Judge Horney
Topic:		Zoning: Appeal of the denial of an application for a permit to construct a commercial building in a residential use district.
Time period:	1956

#16
Case Name:	Pressman v. Barnes, 209 Md. 544 (1956).
Attorneys:	Hyman A. Pressman for appellants, and Hugo A. Ricciutti and Rancis X. Gallagher, Asst. City Solicitors of Baltimore for appellees.
Opinion By:	Judge Delaplaine
Topic:		Suit by a citizen and taxpayer of Baltimore City challenging an ordinance the Office of Director of Traffic and challenging a regulation prescribing speed limits.
Time period:	1953

#17
Case Name:	The Roland Electrical Company v. Mayor and City Council of Baltimore; Colwill Construction Company v. Mayor and City Council of Baltimore, 210 Md. 396 (1956).
Attorneys:	Wilson K. Barnes for the appellants in both cases, and H. Donald Schwaab, Assistant City Solicitor of Baltimore for the appellees in both cases.
Opinion By:	Judge Brune
Topic:		A suit challenging Baltimore City Ordinance No.225 that authorized the Board of Estimates to establish maximum work hours and minimum wages for all contracts entered into by or on behalf of the City of Baltimore, and a subsequent exercise of that authority by the Board of Estimates. 
Time period:	1945-1950

#18
Case Name:	Norwood Heights Improvement Association, Inc. v. Mayor and City Council of Baltimore, 195 Md. 368 (1950).
Attorneys:	John F. Heath for the appellant and Hamilton O’Dunne, Assistant City Solicitor for the appellee.
Opinion By:	Judge Collins
Topic:		A decision by the zoning board permitting the construction of numerous apartment buildings and parking lots in the city of Baltimore was challenged and upheld.
Time period:

#19
Case Name:	Easter v. Mayor and City Council of Baltimore, 195 Md. 395 (1950).
Attorneys:	John F. Heath for the appellant, and Benjamin Kann and Malcolm J. Coan for the appellees.
Opinion By:	Judge Henderson
Topic:		Appeal of a zoning board decision permitting the construction of a one story and basement addition to the front of a store and dwelling.
Time period:	1935-1950

#20
Case Name:	Mayor and City Council of Baltimore v. A.S. Abell Company, 218 Md. 273 (1958).
Attorneys:	Hugo A. Ricciuti, Deputy City Solicitor of Baltimore and Carl H. Lehmann, Jr. Assistant City Solicitor for appellants and William L. Marbury, Richard F. Cleveland, Joseph Sherbow, Harrison L. Winter, Frank B. Ober, Alexander Harvey, II, William Bruce Oswald, Nelson B. Lasson, and Harrison L. Winter, for various appellees.
Opinion By:	Judge Prescott
Topic:		Suit challenging a tax levied by Baltimore City imposing a 4% tax upon the gross sales price of advertising space in newspapers, magazines, periodicals, programs, directories and other printed materials that are published in Baltimore.
Time period:	1957

#21
Case Name:	Piracci v. State, 207 Md. 499 (1955).
Attorneys:	G. C. A. Anderson for appellants and Norman P. Ramsey, Assistant Attorney General for the appellee.
Opinion By:	Judge Henderson
Topic:		Appeal of a criminal conviction for conspiracy to obstruct justice and conspiracy to fraudulently obtain money from Baltimore City.
Time period:	1951-1953

#22
Case Name:	Givner v. Commissioner of Health of Baltimore City, 207 Md. 184 (1955).
Attorneys:	Eugene Hettleman for the appellant, and W. Thomas Gisriel, Assistant City Solicitor of Baltimore, for the appellee.
Opinion By:	Judge Henderson
Topic:		A landlord challenged a regulation promulgated by the Commissioner of Health regarding bathing facilities in rental units, which challenge was dismissed by the Circuit Court for Baltimore City.  The landlord appealed the dismissal.
Time period:	1941-1950

#23
Case Name:	Plaza Corporation v. Alban Tractor Co., Inc., 219 Md. 570 (1958).
Attorneys:	Lawrence I. Weisman and Arnold Fleischmann for appellant, and Nathan Patz, for appellee.
Opinion By:	Judge Prescott
Topic:		Bankruptcy case where two parties had mortgages on the same property and both claimed senior right in the security interest. 
Time period:	1954-1957

#24
Case Name:	Restivo v. Princeton Construction Company, Inc., 223 Md. 516 (1960).
Attorneys:	Samuel S. Eisenberg for the appellants and Z. Townsend Parks, Jr. for the appellee.
Opinion By:	Judge Hammond
Topic:		Zoning dispute over the building of eighteen houses on a vacant tract in Baltimore City.  Initially, permits were granted by a Building Inspection Engineer, then the Zoning Appeals Board cancelled the permits, which was thereafter reversed by the Baltimore City Circuit Court.
Time period:	1958

#25	
Case Name:	Liss v. Goodman, 224 Md. 173 (1960).
Attorneys:	Solomon Liss for the appellants, and Harrison L. Winter, City Solicitor, and Morton L. Goldner Assistant City Solicitor, for the appellees.
Opinion By:	Judge Henderson
Topic:		City Council of Baltimore and the Board of Estimates filed a petition for declaratory judgment praying the court to determine the powers of the two entities in budgetary matters.
Time period:	1959

#26
Case Name:	Reddick v. State, 219 Md. 95 (1959).
Attorneys:	Morris Lee Kaplan for appellant, and Joseph S. Kaufman, Assistant Attorney General for appellee.
Opinion By:	Judge Henderson
Topic:		Criminal case, defendant convicted of forgery, and attempted forgery of a license to practice medicine and surgery in Maryland.
Time period:	1957

#27
Case Name:	Armco Steel Corp. v. State Tax Commission of Maryland, 221 Md. 33 (1959).
Attorneys:	John Henry Lewin and Robert M. Thomas for the appellant and John Martin Jones, Jr., Assistant Attorney General for the State Tax Commission of Maryland, one of the appellees, and Bernard J. Sachs, Assistant City Solicitor of Baltimore, the other appellee.
Opinion By:	Judge Brune
Topic:		Suit by Armco Steel Corp. attempting to obtain a Baltimore City tax exemption for metal refiners which it had been denied y the State Tax Commission.
Time period:	1957

#28
Case Name:	Valle et al.  v. Pressman et al., 229 Md. 591 (1962).
Attorneys:	W. Lee Harrison for one of the appellants; Patrick A. O’Doherty, for Democratic State Central Committee of Baltimore City, other appellant; Hyman A. Pressman, in proper person; Jack M. Fox, in proper person; Mark D. Coplin and Robert F. Skutch, Jr., for Lawrence Stevenson, appellee; Thomas B. Finan, Attorney General for Board of supervisors of Elections of Baltimore City, appellee.
Opinion By:	Judge Hammond
Topic:		Upon the death of the Democratic candidate for State’s Attorney of Baltimore who had been nominated by voters in a primary election, some members of the State Central Committee of Baltimore City (“City Committee”) nominated a replacement candidate.  This  nomination was challenged by numerous persons on several grounds, including the fact that some members of the City Committee were not eligible to vote.
Time period:	1962

#29
Case Name:	Mayor and City Council of Baltimore, et al. v. Poe et al., 224 Md. 428 (1961).
Attorneys:	John A. DeWicki, Assistant City Solicitor and Charles B. Heyman, for appellees, and J. B. Randol Carroll and Rignal W. Baldwin for appellees.
Opinion By:	Judge Sybert
Topic:		A Johns Hopkins University fraternity applied to the Bureau of Building Inspection for Baltimore City to use a house as a fraternity house, claiming the primary purpose of the house to be educational and social events rather than as a commercial boarding house.  
Time period:	1959

#30
Case Name:	Baltimore Transit Company v. Metropolitan Transit Authority, 232 Md. 509 (1963).
Attorneys:	Joseph Sherbow for the appellant and John J. Ghingher, Jr. for the appellee.
Opinion By:	Judge Prescott
Topic:		Case to determine whether a seat tax fee placed on mass transit had been imposed in such a manner as to disadvantage the Baltimore Transit Company’s streetcars in favor of the Metropolitan Transit Authority.
Time period:	1961