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HARRISON v. SCHWARTZ

No. 89, September Term, 1989.

319 Md. 360 (1990)

572 A.2d 528

ROBERT E. HARRISON ET AL. v. BERNARD A. SCHWARTZ ET AL.

Court of Appeals of Maryland.

April 19, 1990.

Attorney(s) appearing for the Case

David K. Bowersox (William B. Dulany, Dulany, Parker & Scott, on brief), Westminster, for petitioners.

John T. Willis (Weinberg and Green, on brief), Baltimore, Charles W. Thompson, Jr., County Atty., Westminster, for respondents.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, McAULIFFE and ADKINS, JJ., and HOWARD S. CHASANOW, Judge, Specially Assigned.

ADKINS, Judge.

When the Carroll County Board of Zoning Appeals granted a conditional use for a privately owned airport in 1982, it attached to that grant several conditions. One of them limited the frequency of take-offs of glider-towing aircraft; another established a curfew for the operation of those aircraft. Both conditions were designed to reduce the effect of aircraft engine noise on residential properties near the airport. Both are invalid. They trespass upon...

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