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MOUNT AIRY v. SAPPINGTON

[No. 112, October Term, 1949.]

195 Md. 259 (1950)

73 A.2d 449

MAYOR AND COUNCIL OF MOUNT AIRY v. SAPPINGTON ET UX.

Court of Appeals of Maryland.

Decided May 10, 1950.

Attorney(s) appearing for the Case

Stanford Hoff, with whom were Sponseller & Hoff and L. Pearce Bowlus on the brief, for the appellant.

D. Eugene Walsh and Charles O. Fisher for the appellees.

The cause was argued before MARBURY, C.J., DELAPLAINE, COLLINS, GRASON, HENDERSON and MARKELL, JJ.

MARKELL, J., delivered the opinion of the Court.

This is an appeal from a decree holding invalid, and enjoining defendant from enforcing, an ordinance approved March 7, 1949, which purports to make it "unlawful for any person to erect, maintain or operate a slaughterhouse or animal killing shed within the corporate limits of Mount Airy." The only question presented is whether the ordinance is valid or is ultra vires of the municipality. Plaintiffs propose to...

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