GRUVER-COOLEY JADE CORPORATION v. PERLIS

[No. 300, September Term, 1968.]

252 Md. 684 (1969)

251 A.2d 589

GRUVER-COOLEY JADE CORPORATION, ET AL v. PERLIS, ET AL.

Court of Appeals of Maryland.

Decided March 12, 1969.


Attorney(s) appearing for the Case

Robert H. Metz, with whom were Linowes & Blocher and R. Robert Linowes on the brief, for appellants Elsie E. Marks, Martha F. Riess and Gruver-Cooley Jade Corporation.

Harry W. Lerch, with whom was Sanford E. Wool on the brief, for appellant Maryland-National Capital Park and Planning Commission.

Submitted on brief by David L. Cahoon, County Attorney, Alfred H. Carter, Deputy County Attorney, and Stanley D. Abrams, Assistant County Attorney, for appellant Erwin W. Bucklin.

Amicus curiae brief filed by Suburban Maryland Homebuilders Association. I. John Ritterpusch, Lawrence E. Speelman and Ritterpusch & Gingell on the brief.

Samuel Gordon, with whom was Marvin E. Perlis on the brief, for appellees.

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


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

The trial judge, Shure, J., declared the plat of "Blocks Q and R" of Luxmanor "to have been illegally approved" by the Montgomery County Planning Board1 (board) and, consequently, to be null and void. At the core of the dispute is the question whether the word "board" as used in the applicable section of the Montgomery County Zoning Ordinance means the Montgomery County Planning Board...

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