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WHITE v. NORTH

No. 85, Sept. Term, 1998.

736 A.2d 1072 (1999)

356 Md. 31

Anne Marie WHITE et al. v. John C. NORTH, II, Chairman.

Court of Appeals of Maryland.

September 14, 1999.

Attorney(s) appearing for the Case

William M. Simmons, Annapolis, for petitioners.

Marianne D. Mason, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General of Maryland, on brief), Baltimore, for respondent.

Reargued before BELL, C.J., and ELDRIDGE, RODOWSKY, RAKER, WILNER, CATHELL, and ROBERT L. KARWACKI (retired, specially assigned), JJ.

CATHELL, Judge.

Petitioners Anne and Richard White seek the reinstatement of a decision by the Anne Arundel County Board of Appeals (Board) granting their request for a zoning variance to construct an in-ground concrete swimming pool in the sloped back yard of their home. On judicial review, the Circuit Court for Anne Arundel County reversed the Board, ruling its decision was "arbitrary and capricious." The Court of Special...

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