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SYMONDS v. BUCKLIN

Civ. No. 12553.

197 F.Supp. 682 (1961)

Robert SYMONDS v. Erwin W. BUCKLIN and County of Montgomery, Maryland, a body politic, and Montgomery County Board of Appeals.

United States District Court D. Maryland.

September 19, 1961.

Attorney(s) appearing for the Case

Allen A. Sperling, Edward A. Dragon, and Sperling & Dragon, Silver Spring, Md., for plaintiff.

Alfred H. Carter, County Atty. for Montgomery County, Douglas H. Moore, Jr., and Richard J. Sincoff, Asst. County Attys., Rockville, Md., for defendants.

THOMSEN, Chief Judge.

This action questions the validity of sec. 107-4(e) (7) of the Montgomery County Zoning Ordinance as applied to certain commercial property and seeks a declaratory judgment and injunction restraining the county and its officials from disapproving his application for a building permit.1

The property in question is located on the northeast corner of Ellsworth Drive and Fenton Street, in Silver Spring, opposite...

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