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TOWN OF SYKESVILLE v. WEST SHORE COMMUNICATIONS, INC.

No. 1452, Sept. Term, 1995.

677 A.2d 102 (1996)

110 Md. App. 300

The TOWN OF SYKESVILLE, et al. v. WEST SHORE COMMUNICATIONS, INC., et al.

Court of Special Appeals of Maryland.

June 3, 1996.

Attorney(s) appearing for the Case

Cynthia K. Hitt, Dennis J. Hoover and Siskind, Grady, Rosen & Hoover, P.A., on the brief, Baltimore, for appellant, Sykesville.

Judith S. Stainbrook and Bourexis & Stainbrook, on the brief, Westminster, for appellant, Losada.

George A. Lahey and Beth Evans, on the brief, Westminster, for appellant, County Com'rs.

Clark R. Shaffer, Westminster, for appellees.

Argued before MOYLAN, BISHOP, and HARRELL, JJ.

MOYLAN, Judge.

This appeal requires us to examine in some depth the law of vested rights in the context of zoning. For a right to proceed with construction under existing zoning to vest, three conditions must be satisfied: 1) there must be the actual physical commencement of some significant and visible construction; 2) the commencement must be undertaken in good faith, to wit, with the intention to continue with the construction...

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