HARFORD COUNTY v. PRESTON

No. 78, September Term, 1990.

322 Md. 493 (1991)

588 A.2d 772

HARFORD COUNTY, MARYLAND v. EARL E. PRESTON, JR., INC. ET AL.

Court of Appeals of Maryland.

April 12, 1991.


Attorney(s) appearing for the Case

Robert F. Kahoe, Jr. (Victor K. Butanis, County Atty., Lester H. Feinberg, all on brief), Bel Air, for petitioner.

John J. Gessner, Venable, Baetjer & Howard, Bel Air, on brief, for respondents.

Argued before MURPHY, C.J., ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW and KARWACKI, JJ., and CHARLES E. ORTH, Jr., Associate Judge of the Court of Appeals (retired), Specially Assigned.


KARWACKI, Judge.

The central issue in this zoning case is whether the County Council of Harford County, sitting as its Board of Appeals (the Board), applied the appropriate standard under the Harford County Zoning Code (1982) in determining whether a requested special exception use should be granted.

I.

Earl E. Preston, Jr., and his wife, Deborah, own 7.469 acres of land in the Fallston area of Harford County which is located in an agricultural ...

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