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WISNER v. BD. OF ZONING APPEALS

[No. 343, September Term, 1969.]

258 Md. 121 (1970)

265 A.2d 183

WISNER, ET AL. AND ROSENFELD, ET AL. T/A FREDERICK SHOPPING CENTER ASSOCIATES v. BOARD OF ZONING APPEALS FOR FREDERICK COUNTY, ET AL.

Court of Appeals of Maryland.

Decided May 8, 1970.

Attorney(s) appearing for the Case

David S. Weinberg, with whom were Weinberg & Weinberg on the brief, for appellants.

Richard E. Zimmerman, with whom were David E. Aldridge on the brief for appellee McDonald's Corporation; and Frank Stillrich on the brief for appellee Board of Zoning Appeals for Frederick City, for appellees.

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

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

In the context of the fast food industry most grownups and nearly all children, large and small, know about McDonalds. The question here is whether the McDonalds facility proposed for Frederick is a "cafe" or a "restaurant," as those terms are used in the Zoning Ordinance of the City of Frederick. The appellants say it is a "restaurant;" the appellees hold out for "cafe;...

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