Legal Opinion

Town of Somerset v. Montgomery County Board of Appeals

Court of Appeals of Maryland

Decided December 16, 1966No. [No. 511, September Term, 1965.]PublishedCited by 90 opinions

1Opinion of the CourtOppenheimer, J.

This zoning appeal presents intertwined questions of due process of law in the procedure of the administrative agency, the construction of the zoning ordinance, the legal effectiveness of the appeal from the administrative order, and the proper limits of the lower court’s discretionary action.

The appellee, M. K. Fry and her husband, since deceased, (the Frys), petitioned the Montgomery County Board of Appeals (the Board) for a special exception under the Montgomery County Zoning Ordinance, to construct and operate an apartment hotel in an R-10 zone (Multiple-Family, High-Density Residential)…

2Cases cited25 opinions

  1. Brookhart v. JanisSupreme Court of the United States · 1966
  2. Interstate Commerce Commission v. Louisville & Nashville RailroadSupreme Court of the United States · 1913
  3. Coe v. Armour Fertilizer WorksSupreme Court of the United States · 1915
  4. Schowgurow v. StateCourt of Appeals of Maryland · 1965
  5. Rees v. City of WatertownSupreme Court of the United States · 1874

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3Cited by90 opinions

  1. Montgomery County v. Woodward & Lothrop, Inc.Court of Appeals of Maryland · 1977
  2. Bryniarski v. Montgomery County Board of AppealsCourt of Appeals of Maryland · 1967
  3. Crowe v. HouseworthCourt of Appeals of Maryland · 1974
  4. State v. BarnesCourt of Appeals of Maryland · 1974
  5. Continental Masonry Co. v. Verdel Construction Co.Court of Appeals of Maryland · 1977

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