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STATE v. GREENBERG

[No. 145, September Term, 1959.]

221 Md. 471 (1960)

157 A.2d 420

STATE v. GREENBERG ET AL. (Two Appeals In One Record)

Court of Appeals of Maryland.

Decided February 17, 1960.

Attorney(s) appearing for the Case

James O'C. Gentry, Assistant Attorney General, with whom were C. Ferdinand Sybert, Attorney General, and William L. Kahler, State's Attorney for Prince George's County, on the brief, for appellant.

Ernest N. Cory, Jr., with whom were James G. Boss and Cory & Boss on the brief, and Nicholas Orem, Jr., with whom were T. Howard Duckett, William Wells Beckett, and Duckett, Orem & Christie, on the brief, for appellees.

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

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

The State appeals from an order granting motions to dismiss and to quash warrants charging the appellees with maintaining a junk yard in Prince George's County without having obtained a permit therefor from the county commissioners, in violation of Code (1957), Art. 27, sec. 469. The trial court held the statute, applicable now in some ten counties, to be unconstitutional. The State's right to appeal is conceded....

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