TOWN OF FOREST HEIGHTS v. FRANK

[No. 47, September Term, 1980.]

291 Md. 331 (1981)

435 A.2d 425

MAYOR AND COUNCIL OF FOREST HEIGHTS ET AL. v. TILLIE FRANK ET AL.

Court of Appeals of Maryland.

Motions for reconsideration filed November 4 and 6, 1981.

Denied November 20, 1981.


Attorney(s) appearing for the Case

Raymond J. McDonough, J. Kent Holland, Jr., and Morris Topf, with whom were McDonough & Schmuhl, P.A. and Reichelt, Nussbaum, Brown & Topf on the brief, for appellants.

Amicus curiae brief of Prince George's County, Maryland filed, Robert B. Ostrom, County Attorney, Michael O. Connaughton, Deputy County Attorney, Steven M. Gilbert and Robert N. Stokes, Jr., Associate County Attorneys, on the brief.

Kenneth A. Lechter, with whom were Michael J. Graham and Fisher & Walcek on the brief, for appellees.

Amicus curiae brief of Maryland Municipal League, Inc. filed, Roger W. Titus on the brief.

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


Motions for reconsideration filed by Mayor and council of Mount Rainier and by Mayor and Council of Forest Heights November 4 and 6, 1981, respectively; denied November 20, 1981.

ELDRIDGE, J., delivered the opinion of the Court. MURPHY, C.J., and SMITH and DIGGES, JJ., dissent. MURPHY, C.J., filed a dissenting opinion at page 352 infra, in which SMITH and DIGGES, JJ., concur in part. SMITH, J., filed a dissenting opinion at page 364 infra, in which DIGGES...

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