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ERTTER v. NORTH WASHINGTON CEM.

[No. 194, October Term, 1951.]

200 Md. 251 (1952)

88 A.2d 578

ERTTER ET AL. v. NORTH WASHINGTON CEMETERY, INC.

Court of Appeals of Maryland.

Decided May 14, 1952.

Attorney(s) appearing for the Case

Submitted on brief by James R. Miller and Lee C. Miller, for appellants.

J. Hodge Smith, with whom were Walter W. Dawson and Kelley & Smith, on the brief, for appellee.

The cause was argued before MARBURY, C.J., and DELAPLAINE, COLLINS, HENDERSON and MARKELL, JJ.

MARKELL, J., delivered the opinion of the Court.

Appellee applied to the County Council (successor to the County Commissioners) of Montgomery County for a permit, under Chapter 702 of the Acts of 1927 (Gordon v. Montgomery County, 164 Md. 210, 164 A. 676), to establish and operate a cemetery at a specified location, later amended. The Council, after public hearings, approved the application for a permit and amended the zoning ordinance, as then in force, so...

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