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DELBROOK HOMES v. MAYERS

[No. 648, September Term, 1966.]

248 Md. 80 (1967)

234 A.2d 880

DELBROOK HOMES, INC. v. MAYERS, ET AL.

Court of Appeals of Maryland.

Motion for rehearing filed on December 14, 1967.

Denied on January 4, 1968.

Attorney(s) appearing for the Case

B. Conway Taylor, Jr., with whom were Due, Whiteford, Taylor & Preston and Robert N. Lucke, Sr. and Bald, Smith & Lucke on the brief, for appellant.

Malcolm B. Smith, with whom were Smith & Wholgemuth on the brief, for appellees.

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

FINAN, J., delivered the opinion of the Court. BARNES, J., dissents. Dissenting opinion at page 85, infra.

The question presented in this appeal is quite narrow, involving only the legal definition of the term "private community beaches" as appears in the Anne Arundel County zoning ordinance. More precisely, the question is whether such a private community beach must be located within the perimeter of, or contiguous to, the community which it serves.

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