Legal Opinion

Canada's Tavern, Inc. v. Town of Glen Echo

Court of Appeals of Maryland

Decided December 16, 1970No. [No. 150, September Term, 1970.]PublishedCited by 34 opinions

1Opinion of the CourtMcWilliams, J.

Barnes, J., dissents. Dissenting opinion at page 212 infra.

The demise of a nonconforming use and appellants’ efforts to resurrect it require us to construe Section 111-57 (c) of the Montgomery County Code (1965), the pertinent part of which is:

“* * * No nonconforming use, once abandoned, shall thereafter be re-established. For the purpose of this section, ‘abandoned’ shall be defined as the cessation of a nonconforming use for a period of six months or more.” (Emphasis added.)

The facts are simple enough and they seem not to be in dispute.

For an unstated number of years Mrs. Sally Peters has…

2Cases cited8 opinions

  1. Landay v. Board of Zoning AppealsCourt of Appeals of Maryland · 1938
  2. Dorman v. Mayor C.C. of Balto.Court of Appeals of Maryland · 1947
  3. Bither v. Baker Rock Crushing Co.Oregon Supreme Court · 1968
  4. Smith v. HowardCourt of Appeals of Kentucky (pre-1976) · 1966
  5. McCoy v. City of KnoxvilleAppellate Court of Illinois · 1963

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3Cited by34 opinions

  1. Catonsville Nursing Home, Inc. v. LovemanCourt of Appeals of Maryland · 1998
  2. White v. NorthCourt of Appeals of Maryland · 1999
  3. Essex Leasing, Inc. v. Zoning Board of AppealsSupreme Court of Connecticut · 1988
  4. Gurganious v. City of BeaufortCourt of Appeals of South Carolina · 1995
  5. County Commissioners of Carroll County v. ZentCourt of Special Appeals of Maryland · 1991

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