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MONTGOMERY COUNTY v. ERTTER

[No. 157, September Term, 1963.]

233 Md. 414 (1964)

197 A.2d 135

MONTGOMERY COUNTY, MARYLAND ET AL. v. ERTTER ET UX.

Court of Appeals of Maryland.

Decided January 30, 1964.

Attorney(s) appearing for the Case

Lawrence E. Speelman, Assistant County Attorney for Montgomery County, with whom was Robert G. Tobin, Jr., County Attorney, on the brief, for the appellants.

C. Edward Nicholson, with whom was John E. Oxley on the brief, for the appellees.

The cause was argued before HENDERSON, HAMMOND, PRESCOTT, MARBURY and SYBERT, JJ.

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

Authorized by Section 72-85 of the Montgomery County Code (1960) the appellants, Montgomery County and the County Council of that county sitting as the district council, ask us to review an order of the Circuit Court for Montgomery County reversing the decision of the district council. By resolution duly passed, the district council had denied a zoning application of the appellees, Mr. and Mrs. Frank Ertter, which requested...

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