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ROCKVILLE FUEL v. BD. OF APPEALS

[No. 227, September Term, 1969.]

257 Md. 183 (1970)

262 A.2d 499

ROCKVILLE FUEL AND FEED COMPANY, INC. v. BOARD OF APPEALS OF THE CITY OF GAITHERSBURG

Court of Appeals of Maryland.

Decided March 4, 1970.

Attorney(s) appearing for the Case

James R. Miller, Jr., for appellant.

Joe M. Kyle for appellee.

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

HAMMOND, C.J., delivered the opinion of the Court.

At issue here is whether the Board of Appeals of the City of Gaithersburg properly and legally denied the application of Rockville Fuel and Feed Company, Inc. for a special exception to construct and operate a ready-mix concrete plant in a heavy industrial zone in Gaithersburg. The Board read the Gaithersburg zoning ordinance to require it, before a special exception could...

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