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ST. CLAIR v. COLONIAL PIPELINE

[No. 422, September Term, 1963.]

235 Md. 578 (1964)

202 A.2d 376

ST. CLAIR, ET AL. v. COLONIAL PIPELINE COMPANY, ET AL.

Court of Appeals of Maryland.

Motion for rehearing filed August 6, 1964.

Denied September 16, 1964.

Attorney(s) appearing for the Case

T. Carroll Brown and Franklin Somes Tyng, with whom was A. Freeborn Brown on the brief, for the appellants.

William S. James, with whom were McComas and James, on the brief, and Theodore C. Waters, Jr., with whom were Miles and Stockbridge and Jack Vickrey on the brief, for the appellees.

The cause was argued before BRUNE, C.J., and HAMMOND, PRESCOTT and HORNEY, JJ., and RUTLEDGE, J., Associate Judge of the Fourth Judicial Circuit, specially assigned.

Denied September 16, 1964, and opinion modified.

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

In this zoning case, the primary question is whether the "delivery" or "tank farm" facilities of a pipeline company for the above ground storage of petroleum products constitute such "public utility structures" as are permissible in an agricultural district under the zoning ordinance of Harford County. C. Albert St. Clair and others (protestants) are the appellants...

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