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MONTGOMERY v. BD. OF CTY. COMM'RS

[No. 206, September Term, 1969.]

256 Md. 597 (1970)

261 A.2d 447

MONTGOMERY, ET AL. v. BOARD OF COUNTY COMMISSIONERS FOR PRINCE GEORGE'S COUNTY, ET AL.

Court of Appeals of Maryland.

Decided February 4, 1970.

Attorney(s) appearing for the Case

James F. Vance and William J. Avrutis for appellants.

James J. Lombardi, with whom were Lionell M. Lockhart, Harry L. Durity, Martin Hertz, James F. Sharkey, Albert J. Lochte, Barry S. Cramp and Emil A. Nichols on the brief, for appellee Board of County Commissioners for Prince George's County.

Paul M. Nussbaum, with whom were Herbert W. Reichelt and Reichelt, Nussbaum & Brown on the brief, for appellees Samuel E. Hungerford, et al.

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

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

The appeal in this zoning case involves the rezoning of approximately 2.2 acres of land owned by Samuel E. Hungerford, Holden A. Hungerford and Samuel E. Hungerford, Jr., three of the appellees (owners or applicants) by the Board of County Commissioners for Prince George's County, sitting as a District Council (District Council), the remaining appellee, from the R-R (rural-residential) zone to the C-2 (general commercial...

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