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MONTGOMERY COUNTY v. MOSSBURG

[No. 292, September Term, 1961.]

228 Md. 555 (1962)

180 A.2d 851

MONTGOMERY COUNTY, MD., ET AL. v. MOSSBURG

Court of Appeals of Maryland.

Decided May 8, 1962.

Attorney(s) appearing for the Case

Richard J. Sincoff, Assistant County Attorney, with whom was Alfred H. Carter, County Attorney for Montgomery County, on the brief, for appellants.

Submitted on the brief by Alger Y. Barbee and Harper M. Smith for appellee.

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

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

Mossburg, the appellee, operates a restaurant, with a light wine and beer license, as a non-conforming use on a lot in Montgomery County zoned residential. He owns adjacent ground, also zoned residential, on which he desires to build additional kitchen facilities and dining room space as an extension of the existing building so that he may serve up to fifty more patrons at a time.

In 1959 he petitioned the County...

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