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BACKUS v. COUNTY BD. OF APPEALS

[No. 85, September Term, 1960.]

224 Md. 28 (1960)

166 A.2d 241

BACKUS v. COUNTY BOARD OF APPEALS FOR MONTGOMERY COUNTY ET AL.

Court of Appeals of Maryland.

Motion for rehearing January 16, 1961.

Denied January 18, 1961.

Attorney(s) appearing for the Case

Carl J. Batter, Jr., for the appellant.

C. Edward Nicholson for the individual appellees.

William M. Canby, Assistant County Attorney for Montgomery County, with whom were Alfred H. Carter, County Attorney, and Douglas H. Moore, Jr., Assistant County Attorney, on the brief, for the County Board of Appeals, the other appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.

Motion for rehearing filed by appellees Eskew and Wallace January 16, 1961.

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

This case originated upon the filing of a petition by two licensed dentists, Dr. Eskew and Dr. Wallace, for a special exception, under sections 107-8 b and 107-28 q of the Montgomery County Zoning Ordinance, to permit the construction and use of a "dental clinic" on certain lots in Silver Spring...

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