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5297 PULASKI HWY., INC. v. TOWN OF PERRYVILLE

No. 379, September Term, 1986.

69 Md. App. 590 (1987)

519 A.2d 206

5297 PULASKI HIGHWAY, INC. v. TOWN OF PERRYVILLE.

Court of Special Appeals of Maryland.

January 8, 1987.

Attorney(s) appearing for the Case

Howard J. Schulman of Baltimore, for appellant.

Dwight E. Thomey of Elkton, for appellee.

Submitted before GILBERT, C.J., and KARWACKI and ROBERT M. BELL, JJ.

GILBERT, Chief Judge.

This is the first appeal this Court has encountered in which the validity of a zoning ordinance has been attacked on First Amendment grounds. The ordinance is alleged to violate the First Amendment's mandate that "Congress shall make no law ... abridging the freedom of speech, or of the press...." Inasmuch as that amendment has been made applicable to the States through the Due Process Clause of the Fourteenth Amendment, it is now before us....

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