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Hayden v. Walker

Court of Appeals of Maryland
Oct 13, 1955
117 A.2d 109 (Md. 1955)

Summary

In Hayden v. Walker, 208 Md. 114, 115, 117 A.2d 109, 109 (1955) (per curiam), this Court held that a circuit court's order remanding a proceeding to a local board of appeals was not an appealable final order.

Summary of this case from Schultz v. Pritts

Opinion

[No. 33, October Term, 1955.]

Decided, per curiam, October 13, 1955.

APPEAL — Prematurely Taken — Dismissed — Raising Questions on Subsequent Appeal from Final Decision. An appeal prematurely taken will be dismissed, but any questions sought to be raised on such an appeal may be raised on any subsequent appeal from a final decision in the same proceedings. p. 115

J.E.B.

Decided, per curiam, October 13, 1955.

Appeal from the Circuit Court for Montgomery County (WOODWARD, C.J.).

Proceeding by Albert W. Walker and Florence W. Walker, his wife, before the Board of (Zoning) Appeals of Montgomery County, for a special exception to use certain real property zoned Residential for off-street parking in conjunction with a proposed shopping center. The Board denied the request for a special exception, and an appeal was taken to the Circuit Court. From an order reversing the Board on one ground on which the denial was based, and remanding the case for further proceedings on another point, James J. Hayden, and others, appeal, and Albert W. Walker and Florence W. Walker move to dismiss the appeal.

Dismissed, with costs to be paid by the appellants.

The cause was argued on the motion to dismiss before BRUNE, C.J., and DELAPLAINE, COLLINS, HENDERSON and HAMMOND, JJ.

Robert C. Heeney for the appellants on the motion to dismiss. Vivian V. Simpson and Joseph B. Simpson, Jr., for the appellees on the motion to dismiss.


The motion to dismiss the appeal in this case on the ground that the same was prematurely taken is hereby granted and the appeal is hereby dismissed; but any of the questions sought to be raised on this appeal may be raised on any subsequent appeal from a final decision of the Circuit Court for Montgomery County in the same proceedings involved in this appeal.

Costs to be paid by the appellants.


Summaries of

Hayden v. Walker

Court of Appeals of Maryland
Oct 13, 1955
117 A.2d 109 (Md. 1955)

In Hayden v. Walker, 208 Md. 114, 115, 117 A.2d 109, 109 (1955) (per curiam), this Court held that a circuit court's order remanding a proceeding to a local board of appeals was not an appealable final order.

Summary of this case from Schultz v. Pritts
Case details for

Hayden v. Walker

Case Details

Full title:HAYDEN ET AL. v . WALKER ET UX

Court:Court of Appeals of Maryland

Date published: Oct 13, 1955

Citations

117 A.2d 109 (Md. 1955)
117 A.2d 109

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