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WAHLER v. MONTGOMERY COUNTY

[No. 78, September Term, 1967.]

249 Md. 62 (1968)

238 A.2d 266

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

Court of Appeals of Maryland.

Motion for rehearing filed on March 4, 1968.

Denied on March 4, 1968.

Attorney(s) appearing for the Case

Howard J. Thomas, with whom were Bradshaw, Thomas & Yeatman on the brief, for appellants.

C. Edward Nicholson for Artery Construction Company, Inc., one of appellees.

No brief filed for Montgomery County Council, other appellee.

The cause was argued before HAMMOND, C.J., and BARNES, McWILLIAMS, FINAN and SINGLEY, JJ.

McWILLIAMS, J., delivered the opinion of the Court. BARNES, J., dissented and filed a dissenting opinion; see page 71, infra.

The folks on Jingle Lane opposed this Montgomery County rezoning. The appellee (Council) decided against them. The trial judge upheld the action of the Council. This is their appeal.

The property in question (the Artery tract1) is rectangular in shape (200' ± x 1130') and it contains (in 2 parcels...

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