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CHAPMAN v. MONTGOMERY COUNTY

[No. 56, September Term, 1970.]

259 Md. 641 (1970)

271 A.2d 156

CHAPMAN ET AL v. MONTGOMERY COUNTY COUNCIL ET AL.

Court of Appeals of Maryland.

Motion for rehearing filed December 16, 1970.

Denied and opinion modified January 12, 1971.

Attorney(s) appearing for the Case

Joseph A. Lynott, Jr., for appellants.

Warren Browning for appellees Bernard S. Gewirz et al., and H. Christopher Malone, Assistant County Attorney, with whom were David L. Cahoon, County Attorney, and Alfred H. Carter, Deputy County Attorney, on the brief, for appellee Montgomery County Council.

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

FINAN, J., delivered the opinion of the Court. BARNES, J., dissents. Dissenting opinion at page 650 infra.

This appeal is from an order of the Circuit Court for Montgomery County, Maryland, affirming the Resolution of the County Council of Montgomery County, Maryland, sitting as the District Council, rezoning 6.8 acres of land from R-R (Rural Residential) to C-1 (Local Commercial). The subject property is a part of a 15 acre triangular shaped, undeveloped and...

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