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TOWN OF SOMERSET v. MONTGOMERY COUNTY BOARD

[No. 511, September Term, 1965.]

245 Md. 52 (1966)

225 A.2d 294

TOWN OF SOMERSET ET AL. v. MONTGOMERY COUNTY BOARD OF APPEALS ET AL.

Court of Appeals of Maryland.

Decided December 16, 1966.

Attorney(s) appearing for the Case

Alfred L. Scanlan and Rourke J. Sheehan, with whom were Arthur G. Lambert, Plummer M. Shearin, Robert L. Higgins and Lambert, Furlow & Sheehan, and Shea & Gardner on the brief, for appellants.

Robert H. Metz, with whom was Robert G. Tobin, Jr., on the brief, for Montgomery County Council, part of appellees; R. Robert Linowes, with whom were Linowes & Blocher and James R. Trimm on the brief, for M.K. Fry, other appellee.

The cause was argued before HAMMOND, C.J., and HORNEY, OPPENHEIMER, BARNES and FINAN, JJ.

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

This zoning appeal presents intertwined questions of due process of law in the procedure of the administrative agency, the construction of the zoning ordinance, the legal effectiveness of the appeal from the administrative order, and the proper limits of the lower court's discretionary action.

The appellee, M.K. Fry and her husband, since deceased, (the Frys), petitioned the Montgomery County Board of Appeals...

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