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BEALL v. MONTGOMERY COUNTY

[No. 395, September Term, 1964.]

240 Md. 77 (1965)

212 A.2d 751

BEALL, ET AL. v. MONTGOMERY COUNTY COUNCIL, ET AL.

Court of Appeals of Maryland.

Motion for rehearing filed September 27, 1965.

Denied October 12, 1965.

Attorney(s) appearing for the Case

William F. Hickey for appellants.

Lawrence E. Speelman, Assistant County Attorney, and Hal Lackey, with whom was Robert G. Tobin, Jr., County Attorney for Montgomery County, on the brief, for appellees.

The cause was argued before HAMMOND, HORNEY, MARBURY, OPPENHEIMER and BARNES, JJ.

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

On May 28, 1962, Jack Kay, et al, as owners of 43.2579 acres of land in Montgomery County, Maryland bounded by the Washington Beltway, Colesville Road and University Boulevard East (the subject property), filed an application with the Montgomery County Council, acting as the District Council, (County Council) to rezone the subject property from an R-60 zone (one-family, detached...

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