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COUNTY COMM'RS v. FAIRWINDS

[No. 169, September Term, 1962.]

230 Md. 569 (1963)

187 A.2d 845

COUNTY COMMISSIONERS OF ANNE ARUNDEL COUNTY, ET AL. v. FAIRWINDS BEACH CLUB, INC., ET AL.

Court of Appeals of Maryland.

Decided February 6, 1963.

Attorney(s) appearing for the Case

Jerome F. Connell for County Commissioners of Anne Arundel County, part of appellants.

Douglas F. Lyons for Herbert J. Harmatz and Margaret Streett, other appellants.

Charles C. Hartman, Jr., with whom were Fell & Hartman on the brief, for appellees.

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

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

In this zoning case from Anne Arundel County, the Chancellor reversed the action of the County Commissioners, in granting a rezoning from Agricultural to Heavy and Light Commercial to permit the construction of a small shopping center, on the ground that a debatable question was not presented.

The appellants raised a preliminary question as to whether the Chancellor...

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