Schultz v. Pritts
Maryland Court of Appeals
432 A.2d 1319 (1981)
The Prittses (plaintiffs) applied to operate a funeral home as a special-exception use on their residentially zoned land; Schultz and other neighbors (defendants) opposed the application, and the county zoning board denied it. The Prittses appealed, but the trial court reversed the board's denial without actually considering the proposed use's adverse effects, ruling on other grounds instead; Schultz and the neighbors appealed.
Whether a special-exception-use application will be denied if the particular use proposed at the particular location within the zone would have any adverse effects above and beyond those inherently associated with such a special-exception use irrespective of its location within the zone.