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MILESTONE v. WASH. SUB. SAN. COMM'N

[No. 104, September Term, 1969.]

256 Md. 245 (1969)

260 A.2d 43

MILESTONE, ET AL. v. WASHINGTON SUBURBAN SANITARY COMMISSION

Court of Appeals of Maryland.

Motion for rehearing filed January 28, 1970.

Denied February 2, 1970.

Attorney(s) appearing for the Case

R. Edwin Brown for appellants.

Paul T. Sisson, with whom were John B. Kenkel and Charles M. Byrd on the brief, for appellee.

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

SMITH, J., delivered the opinion of the Court. BARNES, J., dissents. Dissenting opinion at page 258 infra.

This litigation is produced by what the appellants, David Milestone et al., believed to be an attempt on the part of the appellee, Washington Suburban Sanitary Commission (the Commission), to assess a parcel of land twice for the same sewer. The trial judge (Meloy, J.) was convinced there had not been a prior assessment. We shall sustain the action of...

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