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TOWN OF SOMERSET v. COUNTY COUNCIL FOR MONTGOMERY

[No. 294, September Term, 1961.]

229 Md. 42 (1962)

181 A.2d 671

TOWN OF SOMERSET ET AL. v. COUNTY COUNCIL FOR MONTGOMERY COUNTY ET AL.

Court of Appeals of Maryland.

Decided June 7, 1962.

Attorney(s) appearing for the Case

R. Robert Linowes, with whom was William M. Cave on the brief for appellants.

Richard J. Sincoff, Assistant County Attorney, with whom was Alfred H. Carter, County Attorney, on the brief, for Montgomery County Council, part of appellees.

Norman M. Glasgow, with whom were Wilkes & Artis, and William A. Linthicum, Jr. on the brief, for Chevy Chase Land Co. of Montgomery County, other appellee.

The cause was argued before HAMMOND, PRESCOTT, HORNEY, MARBURY and SYBERT, JJ.

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

The zoning reclassification of land in rapidly growing Montgomery County which is challenged in this appeal was supported and opposed with equal vigor and earnestness before the County Council, the Circuit Court and this Court. The applicant for the rezoning prevailed before the Council and the lower court and will prevail here.

Since 1890 The Chevy Chase Land Company has owned a block of land (Block 11) with...

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