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NUTTER v. BALTIMORE

[No. 42, September Term, 1963, (Adv.).]

232 Md. 210 (1963)

192 A.2d 477

NUTTER ET AL. v. MAYOR AND CITY COUNCIL OF BALTIMORE ET AL.

Court of Appeals of Maryland.

Decided April 30, 1963.

Attorney(s) appearing for the Case

Douglas H. Gordon, with whom was C. Rider Brandau, Jr. on the brief for appellants.

David Ross, with whom were Arthur W. Sherwood and Ober, Williams, Grimes & Stinson on the brief for Non-Profit Housing Company of Baltimore, Inc. part of appellees; Francis B. Burch, and John A. Dewicki, Assistant City Solicitor, on the brief for Mayor and City Council of Baltimore, other appellees, all of Baltimore, Maryland.

The cause was argued before BRUNE, C.J., HENDERSON, PRESCOTT, MARBURY and SYBERT, JJ.

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

This is an appeal from a decree dismissing the plaintiffs' bill of complaint, which prayed that the Mayor & C.C. of Baltimore and its Building Inspection Engineer be enjoined from granting a building permit to Non-Profit Housing Company (Non-Profit); that the Board of Municipal and Zoning Appeals (the Board) be ordered to cancel a permit originally granted to Non-Profit on September 28, 1960, and the then current...

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