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DEP'T OF ST. PLANNING v. HAGERSTOWN

[No. 128, September Term, 1979.]

288 Md. 9 (1980)

415 A.2d 296

DEPARTMENT OF STATE PLANNING v. MAYOR AND COUNCIL OF THE CITY OF HAGERSTOWN ET AL.

Court of Appeals of Maryland.

Decided June 11, 1980.

Attorney(s) appearing for the Case

Judith A. Armold, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, and David H. Feldman, Assistant Attorney General, on the brief, for appellant.

Kenneth J. Mackley, Richard F. McGrory and Robert E. Kuczynski, with whom were Mackley & Gilbert and McCauley, Cooey & McGrory on the brief, for appellees.

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

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

This case presents the question whether, under Maryland Code (1957, 1979 Repl. Vol.), Art. 88C, § 2 (q), the Department of State Planning has a right to intervene in an appeal to a circuit court from an action of a local zoning body.

Article 88C, § 2 (q), effective 1 July 1974, provides in pertinent part that the Department of State Planning shall:

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