County Council v. E. L. Gardner, Inc.

This case presents a question concerning nonconforming uses. More particularly, it involves the question whether, under the applicable provisions of the Prince George’s County Code (1979), Subtitle 27.Zoning, the owner of a nonconforming surface mining sand and gravel operation can obtain a special exception to operate a sand and gravel wet-processing facility at the same location. The relevant provisions of the Prince George’s County Code are as follows.

Section 27-101 provides in pertinent part:

"(a) Terms used in this Subtitle are defined as follows:

"(110.1) Nonconforming Building or…