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AMERICAN OIL CO. v. BD. OF APPEALS

[No. 51, September Term, 1973.]

270 Md. 301 (1973)

310 A.2d 796

AMERICAN OIL COMPANY v. BOARD OF APPEALS OF MONTGOMERY COUNTY ET. AL.

Court of Appeals of Maryland.

Decided November 9, 1973.

Attorney(s) appearing for the Case

C. Edward Nicholson for appellant.

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

The cause was argued before MURPHY, C.J., and BARNES, SINGLEY, SMITH, DIGGES and LEVINE, JJ.

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

In this zoning case the principal issue is whether the action of the appellee, Board of Appeals of Montgomery County (the Board), in denying, on October 10, 1972, to the appellant, American Oil Company (Amoco), a special exception to construct and operate an automobile filling station on land at the northwest corner of the intersection of Middlebrook Road and Maryland Route 355 in Montgomery County was fairly debatable...

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