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LUCKY STORES v. BD. OF APPEALS

[No. 100, September Term, 1973.]

270 Md. 513 (1973)

312 A.2d 758

LUCKY STORES, INC. v. BOARD OF APPEALS OF MONTGOMERY COUNTY ET AL.

Court of Appeals of Maryland.

Decided December 5, 1973.

Attorney(s) appearing for the Case

John J. Delaney, with whom were Linowes & Blocher on the brief, for appellant.

Stephen P. Johnson, Assistant County Attorney, with whom were Richard S. McKernon, County Attorney, Alfred H. Carter, Deputy County Attorney, Stephen J. Orens and John B. Walsh, Jr., Assistant County Attorneys, on the brief, for appellees.

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

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

The appellant, Lucky Stores, Inc., which operates Memco Department Store ("Lucky Stores" or "Memco"), presents two questions for resolution by us, i.e., (1) whether Section 59-124(f) of the Zoning Ordinance for the Maryland-Washington Regional District in Montgomery County1 (the Zoning Ordinance), providing, in relevant part, that the appellee...

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