GARRETT PARK v. MONTGOMERY CTY.

[No. 248, September Term, 1969.]

257 Md. 250 (1970)

262 A.2d 568

GARRETT PARK, MARYLAND v. MONTGOMERY COUNTY COUNCIL, ET AL.

Court of Appeals of Maryland.

Motion for rehearing filed April 3, 1970.

Denied April 7, 1970.


Attorney(s) appearing for the Case

John J. Delaney, with whom were Linowes & Blocher, R. Robert Linowes and Joseph P. Blocher on the brief, for appellant.

C. Edward Nicholson for Morton and Arthur Willcher, part of appellees; by Arthur S. Drea, Jr., Assistant County Attorney, with whom were David L. Cahoon, County Attorney, and Alfred H. Carter, Deputy County Attorney, on the brief, for Montgomery County Council, et al., other appellees.

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


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

The appellant, Garrett Park1 (the town), is one of the older (1898) municipalities of Montgomery County. Montgomery County Code § 54-1 (1965). Morton and Veronica Willcher (Willcher) are the owners of a 2.5214 acre tract (the property) the zoning classification of which is the subject of this dispute. They became parties by intervention but for our purposes we shall treat the Montgomery...

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