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BOARD v. HARKER

No. 120, September Term, 1988.

316 Md. 683 (1989)

561 A.2d 219

BOARD OF CHILD CARE OF THE BALTIMORE ANNUAL CONFERENCE OF THE METHODIST CHURCH, INC. ET AL. v. HUBERT H. HARKER ET AL.

Court of Appeals of Maryland.

July 28, 1989.

Attorney(s) appearing for the Case

Marvin I. Singer (F. Duncan Cornell, Hooper, Kiefer & Cornell, Baltimore, for The Bd. of Child Care of the Baltimore Annual Conference of the Methodist Church, Inc.; Arnold Jablon, County Atty., Nancy C. West, Asst. County Atty., Towson, for Baltimore County), all on brief, Carolyn A. Quattrock, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Baltimore for State of Md. as amicus curiae), on brief for petitioners.

Peter Max Zimmerman, Deputy People's Counsel, Phyllis Cole Friedman, People's Counsel, Baltimore County, on brief, Arnold Fleischmann, Towson, for respondents.

Argued before MURPHY, C.J., ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ.

MURPHY, Chief Judge.

The question presented is whether a State-licensed and regulated child care facility, to be operated by a nonprofit charitable corporation on property owned by it, is subject to county zoning regulations.

I.

The Board of Child Care of the Baltimore Annual Conference of the Methodist Church, Inc. (the Methodist Board) was established, according to its charter, "to aid, protect, care for the needs and welfare of orphaned, indigent...

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