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STACY v. MONTGOMERY COUNTY

[No. 332, September Term, 1964.]

239 Md. 189 (1965)

210 A.2d 540

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

Court of Appeals of Maryland.

Motion for rehearing filed July 2, 1965.

Denied August 2, 1965.

Attorney(s) appearing for the Case

George L. Quinn, Jr., with whom was Esther Cady Quinn on the brief, for appellants.

John C. Tracey for Ernest L. Kendall, part of appellees; Richard J. Sincoff, Assistant County Attorney, with whom was Robert G. Tobin, Jr., County Attorney, on the brief, for Montgomery County, Maryland, other appellee.

The cause was argued before HORNEY, MARBURY, SYBERT, OPPENHEIMER and BARNES, JJ.

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

This is an appeal from an order dated August 11, 1964, of the Circuit Court for Montgomery County affirming the action of the County Board of Appeals for Montgomery County (the Board) dated January 10, 1964, granting a variance of four feet from the restrictions imposed by Section 104-29 (i) (1) d1 of the Montgomery County Zoning Ordinance

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