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BIGENHO v. MONTGOMERY COUNTY

[No. 24 and No. 25, September Term, 1967.]

248 Md. 386 (1968)

237 A.2d 53

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

Court of Appeals of Maryland.

Decided January 5, 1968.

Attorney(s) appearing for the Case

C. Edward Nicholson for appellants in No. 24 and appellees in No. 25.

Jerome E. Korpeck with whom were Wheeler & Korpeck on the brief, for Floyd E. Davis, Jr., et al., part of appellees in No. 24 and appellants in No. 25.

No brief filed for Montgomery County Council, other appellee in No. 24.

The causes were argued before HAMMOND, C.J., and MARBURY, BARNES, McWILLIAMS and SINGLEY, JJ.

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

The subject of these appeals is the rezoning of an approximately 270 acre tract of land in Montgomery County, known as the "Floyd Davis" (Davis) Tract. In November of 1965 the owners of this tract filed, with the Montgomery County Council, five separate requests for the rezoning of the subject property as follows:1

E-642 for 10 acres of C-1 or C-2 E-643 for 57 acres of C-P or I...

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