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ROCKVILLE v. STONE

[No. 198, September Term, 1973.]

271 Md. 655 (1974)

319 A.2d 536

MAYOR AND COUNCIL OF ROCKVILLE v. STONE ET AL.

Court of Appeals of Maryland.

Motion for rehearing filed June 21, 1974.

Denied June 26, 1974.

Attorney(s) appearing for the Case

Roger W. Titus, City Attorney, for appellant.

Harry W. Lerch, with whom were Lerch, Pillott & Lerch and Ronald L. Early on the brief, for appellees.

The cause was argued on February 27, 1974, before MURPHY, C.J., and SINGLEY, SMITH, DIGGES and ELDRIDGE, JJ., and reargued on March 26, 1974, before MURPHY, C.J., and SINGLEY, SMITH, DIGGES and ELDRIDGE, JJ., and CHARLES E. ORTH, JR., Chief Judge, and RICHARD P. GILBERT, Associate Judge, of the Court of Special Appeals, specially assigned.

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

If variety is the spice of life, then it would seem that the zoning cases which originate in Montgomery County are certainly well peppered. The factual twists present in this action, which reaches us by certiorari to the Court of Special Appeals,1 are ample support for this statement since this case is unusual in two respects. First, the application...

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