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SMITH BROS. DEVELOPMENT CORPORATION v. MONTGOMERY COUNTY

[No. 150, September Term, 1966.]

246 Md. 1 (1967)

227 A.2d 1

O.F. SMITH BROTHERS DEVELOPMENT CORPORATION, ET AL. v. MONTGOMERY COUNTY COUNCIL

Court of Appeals of Maryland.

Decided March 10, 1967.

Attorney(s) appearing for the Case

E. Austin Carlin, with whom were Meatyard & Carlin and Carl Lee Frederick on the brief, for appellants.

Robert G. Tobin, Jr., County Attorney, and Charles G. Dalrymple, Assistant County Attorney, on the brief for appellee.

The cause was argued before HAMMOND, C.J., and HORNEY, MARBURY, OPPENHEIMER and McWILLIAMS, JJ.

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

The appeal is from the affirmance by the Circuit Court for Montgomery County of the refusal of the County Council to rezone some ten acres of land located generally along Old Georgetown Road in Bethesda from R-60 (one family detached residential) to R-T (Town Houses). The Technical Staff and Planning Board recommended denial of the application to rezone because (1) the existing high grade character of the neighborhood...

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