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MONTGOMERY CO. v. MET. DISTRICT

[No. 104, October Term, 1952.]

202 Md. 293 (1953)

96 A.2d 353

MONTGOMERY COUNTY, MARYLAND v. MARYLAND-WASHINGTON METROPOLITAN DISTRICT ET AL.

Court of Appeals of Maryland.

Decided April 22, 1953.

Attorney(s) appearing for the Case

David Macdonald, County Attorney for Montgomery County, with whom was Joe M. Kyle, Assistant County Attorney, on the brief, for the appellant.

J. Bond Smith, General Counsel, Maryland-National Capital Park and Planning Commission, and H. Warren Buckler, Jr., for the Maryland-Washington Metropolitan District and the Maryland-National Capital Park and Planning Commission.

Caesar L. Aiello, with whom were George E. Hamilton, Jr., and James H. Pugh on the brief, for The Most Reverend Patrick A. O'Boyle, Catholic Archbishop of Washington.

The cause was argued before SOBELOFF, C.J., and DELAPLAINE, COLLINS, HENDERSON and HAMMOND, JJ.

SOBELOFF, C.J., delivered the opinion of the Court.

This controversy is chiefly between two governmental bodies. Montgomery County seeks to recover a piece of land which it conveyed in 1944 to the Maryland-National Capital Park & Planning Commission, on the ground that the transfer was unauthorized, ultra vires and void.

The property, known as the "Armory Lot," is in Silver Spring. The County Commissioners of Montgomery County purchased it in 1931...

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