Brown v. Wimpress

Barnes, J., dissents. Dissenting opinion at page 210, infra.

On July 26, 1966, less than four months before its members left office at the insistence of the voters of Montgomery County and were replaced by a Council of newly elected members, the District Council rezoned from R-90 to R-20 a 38-acre tract of land lying southeast of the intersection of Democracy Boulevard and U. S. Route 240, although in January 1964 it had denied a similar application to rezone the land from R-90 to R-10. Protestants appealed to the Circuit Court. In its pleadings the new Council confessed that its predecessor…