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BIRCKHEAD v. BOARD OF CTY. COMM'RS

[No. 232, September Term, 1970.]

260 Md. 594 (1971)

273 A.2d 133

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

Court of Appeals of Maryland.

Motion for rehearing filed March 2, 1971.

Denied March 3, 1971.

Attorney(s) appearing for the Case

William J. Avrutis and James F. Vance, with whom was Henry Louis Judy on the brief, for appellants.

Barry S. Cramp, Associate County Attorney, for appellee Board of County Commissioners for Prince George's County. Russell W. Shipley, with whom were Kahler, Shipley & O'Malley on the brief, for appellee Jesse Corporation.

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

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

The appellants are protestants against the rezoning of some 27 acres of land in Prince George's County from Rural Residential to General Commercial, a rezoning suggested by the general plan for the area, approved both by the technical staff of the Planning Commission and the Commission, granted by the District Council and affirmed by the Circuit Court, McCullough, J. To bolster the weakness of their case on the merits...

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