PERRY v. BOARD OF APPEALS

[No. 25, October Term, 1956.]

211 Md. 294 (1956)

127 A.2d 507

PERRY ET AL. v. COUNTY BOARD OF APPEALS FOR MONTGOMERY COUNTY ET AL.

Court of Appeals of Maryland.

Decided December 6, 1956.


Attorney(s) appearing for the Case

Submitted on brief by James C. Christopher and John C. Keating for the appellants.

Alfred H. Carter, Assistant County Attorney for Montgomery County, with whom was Charles M. Irelan, County Attorney, on the brief, for Montgomery County and the County Board of Appeals.

Howard J. Thomas, with whom were J. Douglas Bradshaw and Bradshaw, Shearin, Redding & Thomas on the brief, for Mrs. Bushong.

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


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

This appeal is from an order of the Circuit Court for Montgomery County, affirming the grant of a special exception for the operation of a care home in property zoned residential by the Board of Appeals for Montgomery County. The Legislature, by Chap. 566 of the Acts of 1914, incorporated "Section 3 of the Village of Chevy Chase" as a special tax district. For convenience we shall refer to this legislatively recognized...

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