SIMPSON v. COUNTY BOARD OF APPEALS

[No. 28, September Term, 1958.]

218 Md. 222 (1958)

146 A.2d 37

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

Court of Appeals of Maryland.

Decided November 19, 1958.


Attorney(s) appearing for the Case

David Macdonald for the appellants.

Rourke J. Sheehan, Assistant County Attorney for Montgomery County, with whom was Alfred H. Carter, Acting County Attorney, on the brief, for the appellee, Montgomery County.

Edward S. Northrop, with whom were Arthur G. Lambert and Walter S. Furlow, Jr., on the brief, for the appellee, North Chevy Chase Swimming Pool Association, Inc.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND and HORNEY, JJ., and HENRY, J., Chief Judge of the First Judicial Circuit, specially assigned.


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

The County Board of Appeals of Montgomery County (the Board of Appeals or board) granted the North Chevy Chase Swimming Pool Association, Inc., (the association or proponents) a special exception to construct and operate a community swimming pool over the objections of Percy S. Simpson and others (the protestants). The protestants appealed to the Circuit Court for...

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