GINO'S v. BALTIMORE CITY

[No. 64 Adv., September Term, 1968.]

250 Md. 621 (1968)

244 A.2d 218

GINO'S OF MARYLAND, INC., ET AL. v. MAYOR AND CITY COUNCIL OF BALTIMORE, ET AL.

Court of Appeals of Maryland.

Motion for rehearing filed August 9, 1968.

Denied September 9, 1968.


Attorney(s) appearing for the Case

Arthur W. Machen, Jr., and Alan D. Yarbro, with whom were Robert R. Bair and Venable, Baetjer & Howard on the brief, for appellants.

John D. Alexander, Jr., with whom were Clayton W. Daneker and Constable, Alexander & Daneker on the brief for appellees, J. Edward Muhlbach, et al.

Edward J. Gutman, Assistant City Solicitor, with whom were George L. Russell, Jr., City Solicitor and Simon Schonfield, Assistant City Solicitor, on the brief, for appellees, the Mayor and City Council of Baltimore, et al.

The cause was argued before HAMMOND, C.J., and MARBURY, BARNES, McWILLIAMS, FINAN, SINGLEY and SMITH, JJ.


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

This appeal involves a test case filed on November 24, 1967, by Gino's of Maryland, Inc. (Gino's) and A-G Foods, Inc. (A-G), both Maryland corporations, in the Circuit Court of Baltimore City against the Mayor and City Council of Baltimore (City), the Building Inspection Engineer and the Zoning Enforcement Officer of the City, for declaratory (and injunctive) relief to determine the constitutionality and construction...

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