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YORKDALE v. POWELL

[No. 353, September Term, 1963.]

237 Md. 121 (1964)

205 A.2d 269

YORKDALE CORPORATION v. POWELL

Court of Appeals of Maryland.

Motion for rehearing filed January 5, 1965.

Denied January 7, 1965.

Attorney(s) appearing for the Case

William F. Mosner (on both arguments) and W. Lee Harrison (on reargument), with whom were Power & Mosner on the brief, for appellant.

Ernest C. Trimble (on both arguments) for appellee.

The cause was argued on April 28, 1964 before HENDERSON, PRESCOTT, HORNEY and SYBERT, JJ., and KEATING, J., Associate Judge of the Second Judicial Circuit, specially assigned, and reargued on September 15, 1964 before HENDERSON, C.J., and HAMMOND, PRESCOTT, HORNEY, MARBURY, SYBERT and OPPENHEIMER, JJ.

HAMMOND, J., delivered the majority opinion of the Court. PRESCOTT, HORNEY and MARBURY, JJ., dissent. Dissenting opinion by PRESCOTT, J., at page 134, infra.

Yorkdale Corporation, the appellant, which in 1960 acquired some five acres of land on the east side of York Road about a mile south of Towson (all but about an acre, which was zoned for one or two-family residential use, was zoned for apartment use), asked the Zoning Commissioner of Baltimore County in...

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