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FITZGERALD v. MONTGOMERY COUNTY

No. 787, September Term, 1976.

37 Md. App. 148 (1977)

376 A.2d 1125

JOHN J. FITZGERALD v. MONTGOMERY COUNTY, MARYLAND ET AL.

Court of Special Appeals of Maryland.

Decided September 7, 1977.

Attorney(s) appearing for the Case

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

Martin J. Hutt, Assistant County Attorney, with whom were Richard S. McKernon, County Attorney for Montgomery County, and Sue Levin, Assistant County Attorney, on the brief, for appellees.

The cause was argued before MOYLAN, MELVIN and MASON, JJ.

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

Appellant, John J. Fitzgerald, is the owner of two contiguous tracts of land consisting of approximately twenty-two acres located on the south side of Democracy Boulevard (a six lane dual highway) opposite the Montgomery Mall Regional Shopping Center. Within the neighborhood of the subject property, the zoning pattern and land use is single family residential in accord with the R-R Zone, Rural Residential. Appellant requested...

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