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COUNTY COUNCIL v. LEE

[No. 122, September Term, 1958.]

219 Md. 209 (1959)

148 A.2d 568

COUNTY COUNCIL FOR MONTGOMERY COUNTY ET AL. v. LEE

Court of Appeals of Maryland.

Decided February 19, 1959.

Attorney(s) appearing for the Case

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

Basil L. Carr, for appellee.

The cause was argued before HENDERSON, HAMMOND and HORNEY, JJ., and OPPENHEIMER, Judge of the Supreme Bench of Baltimore City, specially assigned.

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

The Circuit Court for Montgomery County, by its decree, declared that the clause — requiring the permittee to obtain the necessary easement for the construction, operation and maintenance of a storm drainage outlet — set forth in the paving permit issued by Montgomery County (the County) to T. Girard Lee (Lee or the permittee) was invalid, and ordered that when the permittee had complied with...

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