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COWLES v. MONTGOMERY COUNTY

No. 1949, Sept. Term, 1997.

718 A.2d 678 (1998)

123 Md. App. 426

Diana A. COWLES, et al. v. MONTGOMERY COUNTY, Maryland, et al.

Court of Special Appeals of Maryland.

October 5, 1998.

Attorney(s) appearing for the Case

Norman G. Knopf (Dennis M. Cate and Knopf & Brown, on the brief), Washington, DC, for appellants.

Judson P. Garrett, Jr. (Charles W. Thompson, Jr. and Karen L. Federman Henry, on the brief) Rockville, for appellee Montgomery County.

Stanley D. Abrams (Cathy G. Borsten and Abrams, West Storm & Diamond, P.C., on the brief), Bethesda, for appellees.

Argued before HOLLANDER and EYLER, JJ., and JAMES S. GETTY, Judge (retired), Specially Assigned.

EYLER, Judge.

This appeal involves the propriety of Montgomery County's issuance of a use and occupancy permit to appellee Paula Sue Heltzer for the operation of a tutoring center, pursuant to a special exception, in a residential neighborhood. Appellants1 appealed the issuance of the permit to the Board of Appeals for Montgomery County (the Board) on the ground that the permit had been issued in violation of the County's zoning ordinance...

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