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RESTIVO v. PRINCETON CONSTR. CO.

[No. 93, September Term, 1960.]

223 Md. 516 (1960)

165 A.2d 766

RESTIVO ET AL. v. PRINCETON CONSTRUCTION COMPANY, INC.

Court of Appeals of Maryland.

Separate motions for rehearing December 14, 1960.

Denied January 13, 1961.

Attorney(s) appearing for the Case

Samuel S. Eisenberg for the appellants.

James B. Murphy, Assistant City Solicitor of Baltimore, with whom was Harrison L. Winter, City Solicitor, on the brief, for the City of Baltimore, as amicus curiae.

Z. Townsend Parks, Jr., with whom was H. Emslie Parks on the brief, for the appellee.

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

Separate motions for rehearing filed by the appellee and by the Mayor and City Council of Baltimore as amicus curiae December 14, 1960

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

On November 3, 1958, Princeton Construction Company, Inc., the appellee, was granted by the Building Inspection Engineer of Baltimore City (Zoning Commissioner) permits to construct eighteen houses on a vacant tract of land in a residential, Class D zoning area. The tract, containing...

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