GREENBELT v. JAEGER

[No. 161, September Term, 1964.]

237 Md. 456 (1965)

206 A.2d 694

CITY OF GREENBELT, MARYLAND, ET AL. v. JAEGER

Court of Appeals of Maryland.

Decided February 8, 1965.


Attorney(s) appearing for the Case

Thomas R. Brooks for City of Greenbelt, one of appellants, and William J. Avrutis, in proper person, other appellant.

Jerrold V. Powers, with whom were Sasscer, Clagett & Powers on the brief, for appellee.

Brief Amicus Curiae filed by Robert W. Kernan, Gerald F. Kozlowski, Richard Becker, Dennis Webb, Allan York, William Mothersole, Edward Bowen, Leo C. Rudegeair, Eric D. Smith, Arthur Miller, William Derry and Robert Olds — Movants, on the brief.

Brief Amicus Curiae filed by The United States of America, Ramsey Clark, Assistant Attorney General, Roger P. Maquis and Edmund B. Clark, Attorneys, Department of Justice, on the brief.

The cause was argued before PRESCOTT, C.J., and HAMMOND, HORNEY and SYBERT, JJ., and KEATING, J., Associate Judge of the Second Judicial Circuit, specially assigned.


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

The Prince George's County Planning Board of the Maryland-National Capital Park and Planning Commission, declining to follow the report of its technical staff which had suggested five detailed reasons why the rezoning sought should not be granted, including a finding (which the record would appear to make at the least fairly debatable) that there had been no significant change in the area involved, recommended to the...

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