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MD.-NAT'L CAP. P. & P. v. MONT. CTY.

[No. 29, September Term, 1972.]

267 Md. 82 (1972)

296 A.2d 692

THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION v. MONTGOMERY COUNTY, MARYLAND ET AL.

Court of Appeals of Maryland.

Decided November 16, 1972.

Attorney(s) appearing for the Case

James W. Tavel, with whom were Robert H. Levan and Sanford E. Wool on the brief, for appellant.

Richard M. Millman, with whom were Harvey B. Bolton, Jr., and C. Edward Nicholson on the brief, for National Council of Senior Citizens et al., part of appellees. John B. Walsh, Jr., Assistant County Attorney, with whom were Richard S. McKernon, County Attorney, Alfred H. Carter, Deputy County Attorney, and William J. Chen, Jr., Assistant County Attorney, on the brief, for Montgomery County Board of Appeals, other appellee.

The cause was argued before MURPHY, C.J., and BARNES, McWILLIAMS, SINGLEY, SMITH, DIGGES and LEVINE, JJ.

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

The parties to this appeal have apparently eschewed the suggestion in Montgomery Co. v. Met. District, 202 Md. 293, 96 A.2d 353 (1953), where, speaking for this Court, Chief Judge Sobeloff stated:

"The Washington-Suburban area, whose rapid growth was already in process a quarter of a century ago, induced the Legislature to create the Maryland...

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