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CITY OF NEW CARROLLTON v. BELSINGER SIGNS

[No. 397, September Term, 1971.]

266 Md. 229 (1972)

292 A.2d 648

CITY OF NEW CARROLLTON v. BELSINGER SIGNS, INC.

Court of Appeals of Maryland.

Decided July 3, 1972.

Attorney(s) appearing for the Case

Submitted by Carr, Bonner, O'Connell, Kaplan, Thompson & Diuguid, Daniel R. Thompson and George W. Shaffer for appellant.

Submitted by James J. Lombardi, Lombardi, Casula & Hertz and Frank W. Braden, Jr., for appellee.

The cause was submitted on briefs to BARNES, McWILLIAMS, SINGLEY, SMITH and DIGGES, JJ., and IRVING A. LEVINE, Associate Judge of the Sixth Judicial Circuit, specially assigned.

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

The appellant (Carrollton) is the Johnny-come-lately (1953) of Prince George's County's 29 incorporated towns. It lies just inside the Capital Beltway (U.S. 495) and immediately north of Maryland Route 450.

In 1963 its City Council adopted an ordinance to regulate "signs, billboards and other advertising devices" within the corporate limits of the town. Section 3 (5) (a) of the ordinance is as follows:

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