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MUHLY v. COUNTY COUNCIL

[No. 73, September Term, 1958.]

218 Md. 543 (1959)

147 A.2d 735

MUHLY ET AL. v. COUNTY COUNCIL FOR MONTGOMERY COUNTY ET AL.

Court of Appeals of Maryland.

Decided January 20, 1959.

Attorney(s) appearing for the Case

David Macdonald, for appellants.

R. Robert Linowes, with whom were Moore & Linowes on the brief, for appellee, Wayne Development Co., Inc.

Joseph P. Blocher, Assistant County Attorney for Montgomery County, with whom was Alfred H. Carter, Acting County Attorney on the brief, for appellee, County Council for Montgomery County.

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

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

This appeal is from a decree of the Circuit Court for Montgomery County dismissing a bill of complaint to set aside the action of the County Council taken October 30, 1956, in rezoning a certain tract of land containing about 12 acres from R-60 (single-family dwellings) to R-20 (apartments). The appellants contend that there was no evidence to show a change of conditions to...

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