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CAPITAL COMMERCIAL PROPERTIES, INC. v. MONTGOMERY CTY PLANNING BD.

No. 0388, Sept. Term, 2003.

854 A.2d 283 (2004)

158 Md.App. 88

CAPITAL COMMERCIAL PROPERTIES, INC. v. MONTGOMERY COUNTY PLANNING BOARD of the Maryland-National Capital Park and Planning Commission et al.

Court of Special Appeals of Maryland.

July 19, 2004.

Attorney(s) appearing for the Case

Kinley R. Dumas (Stephen J. Orens, DuFour & Kohlhoss, Chtd. on the brief), Bethesda, for appellant.

Debra Yerg Daniel and Scott C. Wallace (Michele Rosenfeld, Maryland-National Capital Park and Planning Commission on the brief), Silver Spring (Stephen Z. Kaufman, Linowes and Blocher, LLP on the brief), Bethesda, for appellee.

Argued before MURPHY, C.J., DEBORAH S. EYLER and LAWRENCE F. RODOWSKY (retired, specially assigned), JJ.

RODOWSKY, Judge.

These cross-appeals concern a preliminary plan approval in Montgomery County. CBS Associates Limited Partnership (CBS), one of the appellees, is the fee owner of the land comprising Stoneymill Square Shopping Center (Stoneymill). CBS seeks to enlarge the retail area of Stoneymill by erecting a freestanding building. In pursuit of that purpose, CBS filed preliminary plan 1-02006 (the Plan) with appellee and cross-appellant, the Montgomery County Planning...

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