BOARD OF APPEALS v. MARINA APTS.

[No. 14, September Term, 1974.]

272 Md. 691 (1974)

326 A.2d 734

BOARD OF APPEALS OF MONTGOMERY COUNTY ET AL. v. THE MARINA APARTMENTS, INC.

Court of Appeals of Maryland.

Motion for rehearing filed on November 8 and 13, 1974.

Denied November 13, 1974.


Attorney(s) appearing for the Case

Roger W. Titus, Special Legal Counsel for Board of Appeals of Montgomery County, part of appellants. Gladys Kessler, with whom were Berlin, Roisman & Kessler and Norman G. Knopf and Richard F. Bondareff on the brief, for Sheldon S. Cohen and the Citizen's Coordinating Committee on Friendship Heights, part of appellants. Edward L. Genn for Friendship Heights Citizens' Committee, other appellant.

Stephen Z. Kaufman and Joseph P. Blocher, with whom were Linowes & Blocher and R. Robert Linowes on the brief, for appellee.

Amicus Curiae brief filed by Washington Suburban Sanitary Commission, Paul T. Sisson, J. Lloyd Niles and Charles M. Byrd on the brief, filed at direction of the Court.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ.


DIGGES, J., delivered the opinion of the Court. LEVINE and ELDRIDGE, JJ., dissent and LEVINE, J., filed a dissenting opinion in which ELDRIDGE, J., concurs at page 701 infra.

This case involves an embroilment between the appellees, Marina Apartments, Inc., whose largely monolithic desire is to construct a 353-unit high-rise condominium apartment building, and those who are trying to block construction of that building, the appellants — the Board of Appeals...

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