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NUOVA REALTY CO. v. CITY OF BALTO.

[No. 90, October Term, 1950.]

197 Md. 266 (1951)

78 A.2d 765

NUOVA REALTY COMPANY, INC. v. MAYOR AND CITY COUNCIL OF BALTIMORE ET AL.

Court of Appeals of Maryland.

Decided February 14, 1951.

Attorney(s) appearing for the Case

Southey F. Miles for the appellant.

Harry S. Kruger and Jacob D. Hornstein for the appellee, Park Raven Apartments, Inc.

Submitted on brief by Thomas N. Biddison, City Solicitor of Baltimore, Edwin Harlan, Deputy City Solicitor, and Francis J. Valle, Assistant City Solicitor, for the appellees, the Mayor and City Council of Baltimore and Paul A. Cohen, Buildings Inspection Engineer for Baltimore City.

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

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

On August 12, 1949, the Nuova Realty Company, Inc., appellant, made application to the Buildings Inspection Engineer for Baltimore City, for a permit to erect a gasoline filling station at what is known as 5810 Hillen Road, Baltimore City. The matter was referred to the Board of Municipal and Zoning Appeals. After complying with all legal prerequisites, a hearing on the application was held. It appears that prior to...

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