BOARD OF COUNTY COMMISSIONERS v. STEPHANS

[No. 26, September Term, 1979.]

286 Md. 384 (1979)

408 A.2d 1017

BOARD OF COUNTY COMMISSIONERS OF CARROLL COUNTY, MARYLAND v. JOSEPH D. STEPHANS ET AL.

Court of Appeals of Maryland.

Motion for reconsideration filed January 7, 1980.

Denied January 25, 1980.


Attorney(s) appearing for the Case

John C. Murphy for appellant.

Charles M. Preston, with whom were Hoffman, Stoner & Preston on the brief, for appellees Joseph D. Stephans et al. Rob Ross Hendrickson, with whom was J. Cookman Boyd, Jr., on the brief, for appellee American Stores Company. G. Warren Mix on the brief for appellee Joseph D. Stephans.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, ORTH and COLE, JJ.


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

We are here presented with the question of whether the right of appeal from "a zoning action by the local legislative body" contained in Maryland Code (1957, 1978 Repl. Vol.) Art. 66B, § 4.08 (a) includes the right of appeal from the enactment of a zoning text amendment or the adoption of a comprehensive "mini" plan by such a local legislative body. Since we conclude that...

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