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MD. PHARMACY BOARD v. PECO

[No. 327, September Term, 1963.]

234 Md. 200 (1964)

198 A.2d 273

MARYLAND BOARD OF PHARMACY v. PECO, INC.

Court of Appeals of Maryland.

Decided March 12, 1964.

Attorney(s) appearing for the Case

R. Randolph Victor, Assistant Attorney General, with whom was Thomas B. Finan, Attorney General, on the brief, for appellant.

Miss Vivian V. Simpson and Robert F. Rolnick, with whom were Simpson & Simpson, Marshall E. Miller and Danzansky & Dickey on the brief, for appellee.

The cause was argued before HENDERSON, HAMMOND, HORNEY, MARBURY and SYBERT, JJ.

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

This appeal by the Maryland Board of Pharmacy is from an order of the Circuit Court for Montgomery County reversing a decision of the Board denying an application for a permit to establish a pharmacy by Peco, Inc. The Board's decision was based on a "so-called" regulation purportedly adopted pursuant to Code (1957), Art. 43, sec. 268(c), dealing with location and layout. The court found that the regulation was inconsistent...

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