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RICHMARR v. AMERICAN PCS

No. 1524, Sept. Term, 1996.

701 A.2d 879 (1997)

117 Md. App. 607

RICHMARR HOLLY HILLS, INC. v. AMERICAN PCS, L.P., et al.

Court of Special Appeals of Maryland.

October 30, 1997.

Attorney(s) appearing for the Case

Rand D. Weinberg (Scott D. Miller and Weinberg & Weinberg, on the brief), Frederick, for appellant.

Christine K. McSherry (Whiteford, Taylor & Preston, L.L.P., on the brief), Towson, for appellee, American.

John S. Mathias, County Atty., Frederick, for appellees, Board of Co. Commissioners and Michael C. Thompson, Zoning Administrator.

Argued before MOYLAN and HARRELL, JJ., and PAUL E. ALPERT, Judge (retired), Specially Assigned.

HARRELL, Judge.

Richmarr Holly Hills, Inc. (Richmarr), appellant, appeals from a decision of the Circuit Court for Frederick County (Stepler, J.) which affirmed the grant of a special exception by the Frederick County Board of Appeals (the Board). The special exception gave permission to American PCS, L.P. (APC) to erect and operate a 250 foot tall communications tower, with attendant equipment storage structures, on agriculturally...

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