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MARSHALL v. FITZGERALD

No. 110, September Term, 1980.

47 Md. App. 319 (1980)

RICHARD W. MARSHALL ET AL. v. JOHN J. FITZGERALD ET AL.

Court of Special Appeals of Maryland.

Decided December 10, 1980.

Attorney(s) appearing for the Case

William T. Rooker, Jr., with whom was Donald E. Fitzgerald on the brief, for appellants.

John J. Delaney, with whom were William Kominers and Linowes & Blocher on the brief, for appellees Fitzgerald et al. Howard J. Thomas, with whom were Bradshaw, Thomas & Yeatman on the brief, for appellee Wildwood Hills Citizens Association. Paul A. McGuckian, County Attorney for Montgomery County, Robert G. Tobin, Jr., Deputy County Attorney for Montgomery County, and Ralph E. Hall, Jr., Assistant County Attorney for Montgomery County, on the brief, for appellee Montgomery County, Maryland.

The cause was argued before MORTON, MOORE and WEANT, JJ.

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

The question presented in this appeal is whether the Circuit Court for Montgomery County erred in affirming a decision rendered by the Montgomery County Council, sitting as the District Council, granting applications for the rezoning of two parcels of land in Bethesda, aggregating approximately 22.2 acres, from the R-200 Zone (residential, one-half acre) to the RT-8 Zone (townhouse), applications for townhouse zoning...

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