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LOHRMANN v. ARUNDEL CORP.

No. 253, September Term, 1985.

65 Md. App. 309 (1985)

500 A.2d 344

VERNON E. LOHRMANN, SR., ET AL. v. THE ARUNDEL CORPORATION, ET AL.

Court of Special Appeals of Maryland.

November 18, 1985.

Attorney(s) appearing for the Case

Ronald G. Dawson (Smith, Somerville & Case on the brief), Annapolis, for appellants.

Sharon B. Benzil (Harry C. Blumenthal and Blumenthal, Wayson, Downs & Offutt, P.A. on the brief), Annapolis, for appellee, Arundel Corp.

Stephen R. Beard, County Sol. and Eileen E. Powers, Asst. County Sol., Annapolis, on the brief for appellee, Anne Arundel County.

Argued before MOYLAN, ADKINS and KARWACKI, JJ.

ADKINS, Judge.

The principal question presented by this case is whether an evenly-divided vote by the Anne Arundel County Board of Appeals operates as a denial of a special exception previously granted by a zoning hearing officer or as an affirmance of the hearing officer's decision. The question arises in this context:

Appellee The Arundel Corporation (Arundel) requested a special exception to permit the operation of a cemetery, funeral home, and crematory...

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