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LUXMANOR CITIZENS ASS'N v. BURKART

[No. 32, September Term, 1972.]

266 Md. 631 (1972)

296 A.2d 403

LUXMANOR CITIZENS ASSOCIATION, INC. ET AL. v. BURKART ET AL.

Court of Appeals of Maryland.

Decided November 8, 1972.

Attorney(s) appearing for the Case

John J. Delaney, with whom were R. Robert Linowes and Linowes & Blocher on the brief, for appellants.

C. Edward Nicholson for Drs. Manfred Kozuch and Armand Dumas, part of appellees. H. Christopher Malone, Assistant County Attorney, with whom were Richard S. McKernon, County Attorney, and Alfred H. Carter, Deputy County Attorney, on the brief, for Helen Burkart et al., constituting the County Board of Appeals for Montgomery County, other appellee.

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

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

This appeal involves an order of the Circuit Court for Montgomery County (Shearin, J.) dated December 23, 1971, dismissing the appeal of Luxmanor Citizens Association, Inc. and certain individuals, appellants here and below, from a decision of the County Board of Appeals for Montgomery County (Board) by a vote of three to two, granting the application of Dr. Manfred Kozuch and...

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