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PRINCE GEORGE'S CTY. v. McBRIDE

[No. 203, September Term, 1972.]

268 Md. 522 (1973)

302 A.2d 620

PRINCE GEORGE'S COUNTY, MARYLAND v. McBRIDE

Court of Appeals of Maryland.

Decided April 4, 1973.

Attorney(s) appearing for the Case

Ellis J. Koch and Harry L. Durity, Associate County Attorneys, with whom was Walter H. Maloney, Jr., County Attorney, on the brief, for appellant.

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

Amicus Curiae brief filed by City of Bowie, Joseph S. Casula on the brief for City of Bowie and by Prince George's County Municipal Association, Robert W. Shook on the brief for the Association.

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

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

At first glance, one might view this appeal as one taken from the mere denial of a rezoning application, and thus expect it to be decided somewhat routinely in accordance with the abundant collection of zoning cases that now repose in the Maryland Reports. Indeed, but for the enactment of Chapter 278, Laws of Maryland, 1969, we might well have been concerned in this case merely with the commonplace zoning question of...

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