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MONTGOMERY COUNTY v. HORMAN

No. 1648, September Term, 1979.

46 Md. App. 491 (1980)

418 A.2d 1249

MONTGOMERY COUNTY, MARYLAND v. FREDERICK L. HORMAN, JR. ET AL.

Court of Special Appeals of Maryland.

Decided September 8, 1980.

Attorney(s) appearing for the Case

Henry C. Clarke, Jr., Assistant County Attorney for Montgomery County, with whom were Paul A. McGuckian, County Attorney for Montgomery County, and Robert G. Tobin, Jr., Deputy County Attorney for Montgomery County, on the brief, for appellant.

Harry W. Lerch, with whom were Robert G. Brewer, Jr., and Lerch, Early & Roseman, Chartered on the brief, for appellees.

The cause was argued before THOMPSON, J., and M. ALBERT FIGINSKI, Associate Judge of the Eighth Judicial Circuit and STANLEY KLAVAN, Associate Judge of the District Court of Maryland for District 6, specially assigned.

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

Montgomery County, the appellant, appeals from a judgment of the Circuit Court for Montgomery County reversing the zoning action by the County Council of Montgomery County (Council) insofar as it involved land of the appellees, Frederick L. Horman, Jr. and Russell Coleman, Trustee, appellees. The trial judge made findings of fact which we accept and with moderate editing adopt as our own.

Appellees purchased...

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