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HOWARD COUNTY COMM. v. WESTPHAL

[No. 128, September Term, 1963 (Adv.).]

232 Md. 334 (1963)

193 A.2d 56

HOWARD COUNTY METROPOLITAN COMMISSION ET AL. v. WESTPHAL ET AL.

Court of Appeals of Maryland.

Decided July 19, 1963.

Attorney(s) appearing for the Case

Robert E. Wieder and Everett L. Buckmaster, with whom were Charles Mindel and Wilbert H. Sirota on the brief, for appellants.

Nelson R. Kerr for Earl C. Westphal, one of appellees.

Richard W. Emory, with whom were William J. McCarthy and Venable, Baetjer & Howard and Charles A. Reese on the brief, for Herbert Lapp, and others, other appellees.

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

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

This action for declaratory and injunctive relief was brought by Earl C. Westphal, a resident and taxpayer of Howard County, on behalf of himself and others similarly interested, to test the constitutionality of subsections (a) and (c) of § 125 of the Howard County Code (1957 Ed.),1 as amended by Chapter 530 of the Laws of 1961, and the validity...

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