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TOWN OF BLADENSBURG INC. v. BERG

[No. 185, September Term, 1957.]

216 Md. 292 (1958)

139 A.2d 703

MAYOR AND COUNCIL, TOWN OF BLADENSBURG, INC. v. BERG, TRADING AS BERG BROTHERS COMPANY

Court of Appeals of Maryland.

Concurring opinion filed April 18, 1958.

Attorney(s) appearing for the Case

John B. Kenkel and John B. Wright, for appellant.

Louis Silberstein, with whom were Ginsberg & Ginsberg and John S. White on the brief, for appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, PRESCOTT and HORNEY, JJ., and CARTER, Chief Judge of the Second Judicial Circuit, specially assigned.

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

This is an appeal by the Town of Bladensburg (Town), a municipal corporation, from the judgment and order of the Circuit Court for Prince George's County directing that a writ of mandamus issue to compel the mayor and council of said Town to grant unto the appellee a permit for the establishment and operation of a junk-yard.

For many years, a junk-yard had been conducted upon property, zoned Heavy Industrial...

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