Lucky Stores, Inc. v. Board of Appeals

The appellant, Lucky Stores, Inc., which operates Memco Department Store (“Lucky Stores” or “Memco”), presents two questions for resolution by us, i.e., (1) whether Section 59-124(f) of the Zoning Ordinance for the Maryland-Washington Regional District in Montgomery County 1 (the Zoning Ordinance), providing, in relevant part, that the appellee, Board of Appeals of Montgomery County (Board), before granting a special exception for a gasoline filling station, find “from a preponderance of the evidence of record that for the public convenience and service a need exists for the proposed use for…