MacDONALD v. BOARD OF COUNTY COMMISSIONERS

[No. 427, September Term, 1964.]

238 Md. 549 (1965)

210 A.2d 325

MacDONALD, ET AL. v. BOARD OF COUNTY COMMISSIONERS FOR PRINCE GEORGE'S COUNTY AND ISLE OF THYE LAND COMPANY

Court of Appeals of Maryland.

Dissenting Opinion filed May 25, 1965.


Attorney(s) appearing for the Case

James Vance, in proper person, and George E. Burgess, with whom were Meloy & Burgess on the brief, for appellants.

Robert B. Mathias, with whom was Lionell M. Lockhart on the brief, for Board of County Commissioners of Prince George's County, Md., part of appellees; Charles F. Finley, with whom were Blair H. Smith and Herbert Reichelt on the brief, for Isle of Thye Land Company, other appellee.

Brief Amicus Curiae filed by the United States. J. Edward Williams, Acting Assistant Attorney General, Roger P. Marquis and Edmund B. Clark, Attorneys, Department of Justice, Washington, D.C., on the brief.

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


OPPENHEIMER, J., delivered the majority opinion of the Court. BARNES, J., dissented. Dissenting opinion at page 557 infra.

Adjacent property owners appeal from an order of the Circuit Court for Prince George's County affirming a zoning action of the Board of County Commissioners for Prince George's County, sitting as a District Council for the Prince George's portion of the Maryland-Washington Regional District (the Council). The Council had approved applications...

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