MONTGOMERY v. BD. OF CTY. COMM'RS

[No. 479, September Term, 1970.]

263 Md. 1 (1971)

280 A.2d 901

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

Court of Appeals of Maryland.

Motion for rehearing filed July 8, 1971.

Denied and opinion modified September 14, 1971.


Attorney(s) appearing for the Case

James F. Vance, with whom was Donald B.W. Messenger on the brief, for appellants.

Jess J. Smith, Jr., Associate County Attorney, with whom was Walter H. Maloney, Jr., County Attorney, on the brief, for the Board of County Commissioners for Prince George's County, part of appellees. Submitted on brief by Marion E. West for Samuel E. Hungerford et al., other appellees.

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


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

This is the second appeal to this Court involving a rezoning of a 2.2 acre parcel of land in Prince George's County from Rural Residential to commercial usage. Such rezoning has been suggested by the Master Plan for the area, recommended by the Prince George's County Planning Board and its Technical Staff, granted by the Board of County Commissioners for Prince George's County sitting as a District Council (the District...

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