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CANADA'S TAVERN v. GLEN ECHO

[No. 150, September Term, 1970.]

260 Md. 206 (1970)

271 A.2d 664

CANADA'S TAVERN, INC. ET AL. v. TOWN OF GLEN ECHO

Court of Appeals of Maryland.

Decided December 16, 1970.

Attorney(s) appearing for the Case

G. Vann Canada, Jr., with whom were Arthur V. King and Shaffer, McKeever & Fitzpatrick on the brief, for appellant Canada's Tavern, Inc.

Philip J. Tierney, Assistant County Attorney, with whom were David L. Cahoon, County Attorney, and Alfred H. Carter, Deputy County Attorney, on the brief, for appellant Montgomery County.

Rourke J. Sheehan, with whom was Gary H. Simpson on the brief, for appellee.

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

McWILLIAMS, J., delivered the opinion of the Court. BARNES, J., dissents. Dissenting opinion at page 212 infra.

The demise of a nonconforming use and appellants' efforts to resurrect it require us to construe Section 111-57 (c) of the Montgomery County Code (1965), the pertinent part of which is:

"* * * No nonconforming use, once abandoned, shall thereafter be re-established. For the purpose of this section, `abandoned' shall be defined as the cessation...

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