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MD.-NAT'L CAP. P. & P. v. CITY OF ROCKVILLE

[No. 310, September Term, 1972.]

269 Md. 240 (1973)

305 A.2d 122

MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION ET AL. v. CITY OF ROCKVILLE ET AL.

Court of Appeals of Maryland.

Decided June 5, 1973.

Attorney(s) appearing for the Case

Sanford E. Wool, Deputy General Counsel, with whom were Robert H. Levan, General Counsel, and James W. Tavel, Assistant General Counsel, on the brief, for appellant Maryland-National Capital Park and Planning Commission. Stephen P. Johnson, Assistant County Attorney, with whom were Richard S. McKernon, County Attorney, Alfred H. Carter, Deputy County Attorney, and Stephen J. Orens, Assistant County Attorney, on the brief, for appellant Montgomery County, Maryland.

Roger W. Titus, City Attorney, for appellee Mayor and Council of Rockville. David E. Betts for appellees HMC Enterprises, Inc., et al.

The cause was argued before BARNES, McWILLIAMS, SINGLEY, SMITH and LEVINE, JJ.

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

This appeal comes to us from the order of the Circuit Court for Montgomery County, in Equity (Shure, C.J.), sustaining the demurrers of the appellees and defendants below, Mayor and Council of Rockville, Maryland (Rockville) and HMC Enterprises, Inc. and Ronald Creamer and David M. Blum, Trustees (collectively, HMC), to the bill of complaint filed by the appellants and plaintiffs below, The Maryland-National Capital...

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