HOYERT v. BD. OF COUNTY COMM'RS

[No. 486, September Term, 1970.]

262 Md. 667 (1971)

278 A.2d 588

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

Court of Appeals of Maryland.

Decided June 29, 1971.


Attorney(s) appearing for the Case

Joseph F. McBride, with whom were Robert A. Diemer, Bill L. Yoho, Roy W. Hooten and Hoyert, Diemer, Yoho, Hooten & McBride on the brief, for appellant.

Alderic C. Sturtevant, Associate County Attorney, with whom was Walter H. Maloney, Jr., County Attorney, on the brief, for appellees.

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


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

In this case appellant Robert S. Hoyert (Hoyert) as agent for the owner complains because the circuit court sustained on appeal the action of the County Commissioners of Prince George's County sitting as a District Council in granting only a part of the rezoning which he requested. Because we conclude the District Council in reaching its conclusion proceeded upon an impermissible hypothesis, we shall reverse and remand...

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