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PEM CO. v. MAYOR OF BALTIMORE

[No. 108, September Term, 1963.]

233 Md. 372 (1964)

196 A.2d 879

PEM CONSTRUCTION COMPANY v. MAYOR AND CITY COUNCIL OF BALTIMORE (Two Appeals in One Record)

Court of Appeals of Maryland.

Decided January 28, 1964.

Attorney(s) appearing for the Case

Sol C. Berenholtz for the appellant.

John A. Dewicki, Assistant City Solicitor of Baltimore, with whom were Joseph Allen, City Solicitor, and George W. Baker, Jr., Deputy City Solicitor, on the brief, for the appellee.

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

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

A developer appeals from a decision of the Baltimore City Court which affirmed a resolution of the Board of Municipal and Zoning appeals denying a variation or special exception so that two adjoining parcels of land located in a D-40 residential area could be used as parking lots for a nearby shopping center.

The appellant, Pem Construction Company, is the owner of both parcels, one known as 5451 Tippett Avenue...

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