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KAY CONST. CO. v. COUNTY COUNCIL

[No. 123, September Term, 1961.]

227 Md. 479 (1962)

177 A.2d 694

KAY CONSTRUCTION COMPANY v. COUNTY COUNCIL FOR MONTGOMERY COUNTY ET AL.

Court of Appeals of Maryland.

Decided February 14, 1962.

Attorney(s) appearing for the Case

R. Robert Linowes, for appellant.

Howard J. Thomas, for Connecticut Avenue Park Citizens Association and Joan Drown, part of appellees.

Joseph P. Blocher, Deputy County Attorney, with whom were Alfred H. Carter, County Attorney, and Richard J. Sincoff, Assistant County Attorney, on the brief, for other appellee, Montgomery County.

The cause was argued before BRUNE, C.J., and HENDERSON, PRESCOTT, MARBURY and SYBERT, JJ.

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

This appeal questions the validity of an order of the Circuit Court for Montgomery County which sustained a finding by the County Council for that County, acting as a District Council, that there was "good cause shown" (as required by the Zoning Ordinance) in appellees' petitions for reconsideration of a previously adopted rezoning resolution. The rezoning would have allowed appellant to construct low density apartment...

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