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BALTIMORE CITY v. BORINSKY

[No. 385, September Term, 1964.]

239 Md. 611 (1965)

212 A.2d 508

MAYOR AND CITY COUNCIL OF BALTIMORE ET AL. v. BORINSKY

Court of Appeals of Maryland.

Decided August 2, 1965.

Attorney(s) appearing for the Case

Simon Schonfield, Assistant City Solicitor of Baltimore, with whom were Joseph Allen, City Solicitor, and Ambrose T. Hartman, Deputy City Solicitor, on the brief, for the appellants.

Edward Azrael, with whom were Azrael & Gann on the brief, for the appellee.

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

OPPENHEIMER, J., delivered the majority opinion of the Court. BARNES, J., dissents. Dissenting opinion at page 628, infra.

The Mayor and City Council of Baltimore (the City) has appealed an order of the Baltimore City Court reversing the action of the Board of Municipal and Zoning Appeals of Baltimore City (the Board) which denied the Appellee's application to construct an office and warehouse building on her property in a Residential Use District.

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