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MONTGOMERY CO. COUNCIL v. KASLOW

[No. 394, September Term, 1963.]

235 Md. 45 (1964)

200 A.2d 184

MONTGOMERY COUNTY COUNCIL v. KASLOW ET AL.

Court of Appeals of Maryland.

Motion for rehearing filed May 21, 1964.

Denied June 8, 1964.

Attorney(s) appearing for the Case

Robert G. Tobin, Jr., County Attorney for Montgomery County, and Richard J. Sincoff, Assistant County Attorney, for the appellant.

David Macdonald for the appellees.

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

Denied June 8, 1964, and opinion modified.

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

On May 28, 1963, a month after a public hearing, the County Council of Montgomery County, functioning in the rezoning of an individual property, not in its ordinary legislative capacity but as a special statutory "District Council," adopted motions by a five to one vote that the County Attorney prepare an opinion and resolution for it to finally adopt at a later meeting...

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