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ASPEN HILL VENTURE v. MONT. CTY.

[No. 288, September Term, 1971.]

265 Md. 303 (1972)

289 A.2d 303

ASPEN HILL VENTURE v. MONTGOMERY COUNTY COUNCIL

Court of Appeals of Maryland.

Motion for rehearing filed May 9, 1972.

Denied May 16, 1972.

Attorney(s) appearing for the Case

Joseph P. Blocher and Charles G. Dalrymple, with whom were Linowes & Blocher on the brief, for appellant.

William J. Chen, Jr., Assistant County Attorney, with whom were Richard S. McKernon, Acting County Attorney, Alfred H. Carter, Deputy County Attorney, and John B. Walsh, Jr., Assistant County Attorney, on the brief, for appellee.

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

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

The appellant in this zoning appeal, Aspen Hill Venture (Aspen), in 1961, acquired some 15.5 acres of land zoned R-60 (One Family, Detached, Residential) located in Montgomery County, Maryland on which they planned the construction of the Aspen Hill Shopping Center (Center). The plan of construction necessitated the rezoning of approximately 8 of the original 15.5 acres to commercial use, on which the first phase of the...

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