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OURSLER v. BD. OF ZONING APPEALS

[No. 127, October Term, 1953.]

204 Md. 397 (1954)

104 A.2d 568

OURSLER ET AL. v. BOARD OF ZONING APPEALS OF BALTIMORE COUNTY ET AL.

Court of Appeals of Maryland.

Decided April 28, 1954.

Attorney(s) appearing for the Case

Michael Paul Smith and W. Lee Harrison for the appellants.

Charles W. Held, Jr., for the Board of Zoning Appeals of Baltimore County.

George M. Berry for Charles E. Gempp and Delonia C. Gempp, his wife.

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

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

On July 19, 1951, the Zoning Commissioner of Baltimore County granted a special permit to Charles E. Gempp and Delonia C. Gempp, his wife, to conduct a restaurant on their property situated on the northeast side of the Westminster Road one mile and a half west of Reisterstown in an "A" Residence Zone. The protesting neighbors instituted this proceeding in the Circuit Court for Baltimore County on certiorari

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