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EXXON, INC. v. CITY OF FREDERICK

No. 1049, September Term, 1976.

36 Md. App. 703 (1977)

375 A.2d 34

EXXON, INC. v. THE CITY OF FREDERICK.

Court of Special Appeals of Maryland.

Decided July 8, 1977.

Attorney(s) appearing for the Case

M. Albert Morningstar, with whom were Richard E. Zimmerman and David E. Aldridge and Zimmerman, Aldridge & Dwyer on the brief, for appellant.

W. Milnor Roberts for appellee.

The cause was argued before MENCHINE, LOWE and MELVIN, JJ.

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

Under the zoning ordinance of the City of Frederick, in effect at the time of these proceedings, "automobile service stations" are permitted as a "conditional use" in an area zoned B-3 (General Business District) provided approval of the City's zoning board of appeals (Board) is first obtained. The appellant, Exxon, Inc. (Exxon), obtained such approval on May 18, 1976 for property located on the north side of U.S. Route...

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