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STEPHANS v. BD. OF CTY. COMMISSIONERS

Nos. 692, 694, 695, September Term, 1978.

41 Md. App. 494 (1979)

397 A.2d 289

JOSEPH D. STEPHANS ET UX. v. BOARD OF COUNTY COMMISSIONERS OF CARROLL COUNTY, MARYLAND. MAURICE B. RIDENOUR ET AL. v. BOARD OF COUNTY COMMISSIONERS OF CARROLL COUNTY, MARYLAND. AMERICAN STORES COMPANY v. BOARD OF COUNTY COMMISSIONERS OF CARROLL COUNTY, MARYLAND.

Court of Special Appeals of Maryland.

Decided February 9, 1979.

Attorney(s) appearing for the Case

Charles M. Preston, with whom were Hoffman, Stoner & Preston on the brief, for appellants Stephans and Ridenour. G. Warren Mix on the brief for appellant Stephans. Rob Ross Hendrickson, with whom was J. Cookman Boyd, Jr., on the brief, for appellant American Stores Company.

John C. Murphy for appellee.

The cause was argued before THOMPSON, MASON and COUCH, JJ.

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

With this appeal we are, for the first time, called upon to determine what the Legislature intended when, in 1975, it repealed and reenacted, with amendments, Article 66B, § 4.08 (a) of the Annotated Code of Maryland. Prior to 1975 it was provided that in zoning and planning matters, appeals could be taken from any decision of the board of appeals or a reclassification of zoning by the local legislative body. By...

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