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BOARD OF COUNTY COMM'RS v. SCHUHLY

No. 186, September Term, 1987.

72 Md. App. 702 (1987)

532 A.2d 716

BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, ET AL. v. ERNEST H. SCHUHLY, ET UX.

Court of Special Appeals of Maryland.

November 6, 1987.

Attorney(s) appearing for the Case

Roger D. Redden (G. Richard Dent, Baltimore, and David K. Poole, Jr., Co. Atty., Hagerstown, on the brief), for appellant, Board of County Com'rs of Washington County.

William C. Wantz (Kaylor & Wantz, Hagerstown, on the brief), for appellant, Morrison.

Thomas A. Wade of Hagerstown, for appellant, South Valley Corporation.

John H. Urner (Urner, McGrory, Nairn, Barton, & Schaefer, on the brief), Hagerstown, for appellees.

Argued before WILNER, ALPERT and WENNER, JJ.

WILNER, Judge.

We shall conclude in this appeal that the Circuit Court for Washington County erred in exercising its general equity jurisdiction to nullify a zoning decision of the Board of County Commissioners from which no timely appeal had been taken.

On April 22, 1985, Agnes Elliott filed an application to rezone three parcels of land in the Sharpsburg area of Washington County, near the Antietam battlefield. One parcel, consisting of about 20.5 acres...

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